Interest Rate Swap Products

Richard Fuller Excerpts

Thursday 21st June 2012 Commons Chamber

[Chris Heaton-Harris]

My hon. Friend is right. My constituents are in exactly the same position.

There is, at least, provision for my constituents to break the swap, but doing so would cost them a cool £1 million. They have complained to the financial services ombudsman, asking for compensation and asking for the original swap margin to be reinstated at its 2006 level or, alternatively, for the swap to be torn up so that they can keep their existing margin. They have been advised that the 2008 swap was mis-sold and inappropriate for their business, and they are discussing the details of that with the financial services ombudsman.

In 2008 Lloyds sold another of my constituents, Phillip Derbyshire, an enhanced collar—or, as it was described by my hon. Friend the Member for Wyre Forest (Mark Garnier), an enhanced noose. It has cost him £1.275 million, about 75% of his pension pool. He is 64 years old. Both the FSO and the Financial Services Authority are unable to assist him, and Lloyds claims that there has been no wrongdoing. My constituent claims that the circumstances of sale were

“tantamount to a sting operation under duress”,

and I completely believe him.

[Richard Fuller (Bedford) (Con)]

Does not the abuse of trust that my hon. Friend is describing give rise to another fear—that the FSA will roll over and talk about changing the rules while missing the critical issue of compensation for people who have suffered, which is what the House wants to see?

[Chris Heaton-Harris]

I entirely concur with my hon. Friend, and I shall end my speech by making the same point.

Lloyds repeatedly referred to the product that it was selling to my constituent as “a protection”, both orally and in writing. The downsides were simply not explained. My constituent was told that if he sold his business or died, the product would be an asset. All that was independently witnessed, because he is quite a savvy man. He was told by an independent banking consultant that the product was totally inappropriate to his needs, and that it was beyond the level of his financial sophistication to understand it. He is now looking into whether he can sue Lloyds.

Does the Minister agree that it is wrong for banks to make loans contingent on the purchase of other financial products such as IRSAs? Where are we with this issue now? What conclusion will be reached from the debate? We have seen the motion, and we have heard from many Members in all parts of the House who want to see forthright action by the Treasury and the FSA, and compensation for their constituents. Can the FSA be persuaded to move faster? As for compensation, there is an absolute need for it.

This is a scandal and a scam. It is finished now, but we need to ensure that it never happens again.