Commercial Financial Dispute Resolution Platform

Philip Boswell Excerpts

Thursday 15th December 2016 Commons Chamber

[Philip Boswell (Coatbridge, Chryston and Bellshill) (SNP)]

I thank my hon. Friend the Member for East Lothian (George Kerevan) for securing this important debate. As others have rightly pointed out, those most negatively affected by the absence of a financial dispute resolution platform are largely small and medium-sized enterprises. The importance of such businesses to our general economic wellbeing cannot be emphasised enough. Some 67% of all UK workers are employed by small and medium-sized enterprises, which are not protected by the Financial Ombudsman Service. That figure amounts to 17 million employees, or over half the UK’s workforce. As such, it is important to recognise when discussing such businesses, which are at risk of going under owing to the burden of financial disputes, that it is not only the business owners who are at risk: the employees and their families will also feel the knock-on effects.

These vital small businesses face numerous structural challenges not faced by larger businesses. They have far fewer resources, meaning not only finances, but time, labour and information. In addition, they often have far less experience to draw upon than larger, more established businesses. The structural challenges mean that there is a substantial imbalance when SMEs get into financial disputes with large businesses or large banking institutions. The larger party involved in such disputes is inherently at an advantage, both in the context of a dispute resolution outwith the legal system and within the court system.

For small businesses that come into dispute with a financial institution, the first step is to submit a complaint to the institution’s internal complaint procedure, but many SMEs are fearful of even taking that first step. Unfortunately, it is unsurprising that SMEs feel sufficiently intimidated by financial institutions not to submit a complaint when they feel unfairly treated. According to statistics from the Bank of England, total lending from UK banks to other banks has more than quadrupled since 1990. However, lending from UK banks to businesses involved in production has remained stagnant. In addition, the Basel III international capital adequacy regulations, introduced in the wake of the financial crisis, have made lending to SMEs more expensive, further incentivising banks to lend to other banks, rather than to SMEs.

Just last week, I was approached by a small business from my constituency that has developed an innovative new technology that recycles waste and creates clean energy while minimising emissions. It reached out to me because it has struggled to obtain sufficient funding to move forward with the project, despite having built a test facility. That is just one example, but it demonstrates the degree to which small businesses struggle to obtain financing and credit. It is no wonder that many small businesses do not want to submit complaints to a financial institution. With so little credit available to SMEs, it is more than understandable that they want to protect their access to a limited available line of credit, even if it means being treated unfairly.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

The hon. Gentleman is making an important point, highlighting that the UK’s highly centralised banking model is broken. In addition to considering dispute resolution and firmer protections for businesses, we should look at an alternative banking structure based on community banks, under which banks are ingrained in their communities and know their local businesses.

[Philip Boswell]

I wholeheartedly agree with that excellent point.

As mentioned in today’s motion, the Financial Conduct Authority has set up several ad hoc schemes to address systemic misconduct by financial institutions. The schemes have been widely criticised, and, as others have mentioned, even Andrew Bailey, the new chief executive of the FCA, has said that they have left those affected by bank misconduct feeling unfairly treated. The recent review of the mis-selling of interest rate hedging products demonstrates the shortfall of the ad-hoc compensation schemes and their inability to reach fair outcomes for customers.

Last year, just before Christmas, I was approached by a constituent who had been mis-sold an interest rate hedging product. In 2001, my constituent and several co-investors used their retirement savings to create a small business that would purchase commercial property in Glasgow. However, they had insufficient capital to purchase their first property outright and therefore sought a loan from a bank. Despite the banks involved with the mis-selling claiming that customers were under no pressure to purchase the product, my constituent informed me that he could not find a single bank that would lend the money without including the interest rate hedging product. My constituent was told that this was to protect the customer in the event of interest rates continuing to rise. Having no other choice, my constituent’s business took out a 25-year loan that included the aforementioned product.

Many in the Chamber will be aware that interest rates fell during the financial crisis. The inclusion of the product in the loan resulted in my constituent’s business—set up on pension scheme earnings—owing £30,000 per quarter in interest alone during the biggest financial crisis in modern history. When it became apparent to my constituent that his business had been mis-sold the product, he began the complaints process in the hope of receiving some sort of compensation. However, the bank with which he took out the loan continually refused to provide him with the relevant paperwork for the loan, making it difficult for my constituent to continue the process.

[George Kerevan]

Does my hon. Friend agree that a fundamental problem with the current ad hoc redress system is that it does not allow the complainant access to the information they need? A tribunal system would put the complainant and the bank on an equal footing and allow that information to be made available.

[Philip Boswell]

I entirely agree. Such a practice is entirely undesirable and not befitting of any bank, particularly one in public ownership, as has been mentioned before.

The delay and avoidance tactics used by the bank, combined with the FCA’s own recommendation that claimants should not take legal action, meant that my constituent's case surpassed the six-year time limit on taking court action. His business did not receive any compensation from the bank as a result of the ad hoc scheme overseen by the FCA. Unfortunately, my constituent’s experience is far from rare, as many Members have shown. The compensation scheme for the mis-selling of interest rate hedging products was bank-centric and lacked sufficient FCA oversight. The review was set up in conjunction with the banks and allowed them to make redress offers that did not reflect an objectively fair outcome. The case of my constituent and the experiences of others who have been treated unfairly by banks clearly demonstrate the wide scope of financial disputes, particularly those between small businesses and financial institutions.

After hearing about the experiences of constituents from across the UK shared by Members today, it is apparent the ad hoc schemes set up by the FCA have lacked sufficient clarity and that the creation of a commercial financial dispute resolution platform is necessary. I am happy to support the motion presented by my hon. Friend, and I welcome the support that has been expressed in the House today.