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2010-12 (94)
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To ask the Secretary of State for Justice if he will take steps to provide greater protection for small businesses which are encouraged to enter into binding legal contracts by the use of recorded telephone messages.
To ask the Secretary of State for Justice if he will take steps to provide greater protection for small businesses which are encouraged to enter into binding legal contracts by the use of recorded telephone messages.
Asked by
Barry Sheerman
(Labour; Co-operative Party)
Answered by
Jonathan Djanogly
(Conservative)
Answering body
Ministry of Justice
Type
Written questions
Status
Answered
Tabled on
16 March 2012
For answer on
20 March 2012
Answered on
27 March 2012
We have no plans to change the requirements of the law of England and Wales regarding the formation of contracts. One of these requirements is that the parties must intend to create legal relations. Any small business considering entering a contract, whether encouraged to do so by recorded telephone message or not, should ensure that it understands the consequences of doing so, taking legal advice where necessary. Legal remedies are available for people who have been induced to enter a contract by misrepresentation or fraud. Small businesses that consider they have been tricked into entering a contract should consult the trading standards department of their local authority and if necessary take legal advice as to their rights and the ways in which they can be enforced.
Subjects
Contracts; Business; Fraud; Misrepresentation; Telephone services
Date
27 March 2012
Reference
101257; 542 c1078W
House
House of Commons
I would take the name of the company and report it to the Ministry of Justice. Cold-calling in person is banned; high-pressure telephone calling is banned; and unsolicited text messaging is banned. I am sure that noble Lords, to whom this has happened for the first time, have already realised that this is an industry where a lot of consumers' money is at stake because of the success in making the banks take responsibility for this mis-selling. As the noble Baroness said, there is something like £8 billion or £9 billion that could be returned to consumers and, to put it no higher, there are some very dodgy practices at work with people trying to get their hands on that money. I can assure noble Lords that the Ministry of Justice will accept its responsibility in this area. We are talking to the Financial Ombudsman Service as well and we shall pursue this matter in the best interests of consumers.
I would take the name of the company and report it to the Ministry of Justice. Cold-calling in person is banned; high-pressure telephone calling is banned; and unsolicited text messaging is banned. I am sure that noble Lords, to whom this has happened for the first time, have already realised that this is an industry where a lot of consumers' money is at stake because of the success in making the banks take responsibility for this mis-selling. As the noble Baroness said, there is something like £8 billion or £9 billion that could be returned to consumers and, to put it no higher, there are some very dodgy practices at work with people trying to get their hands on that money. I can assure noble Lords that the Ministry of Justice will accept its responsibility in this area. We are talking to the Financial Ombudsman Service as well and we shall pursue this matter in the best interests of consumers.
Answered by
Lord McNally
(Liberal Democrat)
Asked by
Lord Hughes of Woodside
(Labour)
Type
Oral answers to questions
My Lords, is the Minister aware that there appears to be a scam on the go? I have had about 12 phone calls, in which I have always been addressed by name, saying that they will help me to get money back under the payment protection scheme. Is the Minister saying that this is a vicious and misleading practice by companies or that we are in danger of a scam? If so, should not the public be warned one way or another?
Subjects
Compensation; Consumers; Credit; Insurance; Misrepresentation; Claims management services
Date
5 March 2012
Reference
735 c1550-1
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, those are exactly the regulations that pertain to these companies. However, because of the pressure of sales, there is no doubt that people are being misled in that way. We shall need to take further action because, as the noble Baroness rightly says, one does not need a pocket calculator to realise that these companies operate in an area where they can make a lot of money, which should quite properly go into consumers' pockets.
My Lords, those are exactly the regulations that pertain to these companies. However, because of the pressure of sales, there is no doubt that people are being misled in that way. We shall need to take further action because, as the noble Baroness rightly says, one does not need a pocket calculator to realise that these companies operate in an area where they can make a lot of money, which should quite properly go into consumers' pockets.
Answered by
Lord McNally
(Liberal Democrat)
Asked by
Baroness Sherlock
(Labour)
Type
Oral answers to questions
My Lords, I declare an interest as a director of the Financial Ombudsman Service. My best guess is that the banks have provisioned about £9 billion for PPI. If about 80 per cent of cases going to the ombudsman come through claims management companies, then at least £2 billion is going to CMCs rather than going back to customers. Given that, will the Minister give the House an undertaking that his department will act to require CMCs to declare their fees up front and to tell customers that they are not required to use them as they could make a claim themselves for free?
Subjects
Compensation; Consumers; Credit; Insurance; Misrepresentation; Claims management services
Date
5 March 2012
Reference
735 c1550
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, is the Minister aware of an issue raised by the Building Societies Association—that these claims companies are pursuing claims supposedly on behalf of individuals but against lenders where the product in question was never sold? By the time a lender and the ombudsman have spent money proving no sale, future borrowers are out of pocket because of the cost created. Can something be done to stem this growing practice?
My Lords, is the Minister aware of an issue raised by the Building Societies Association—that these claims companies are pursuing claims supposedly on behalf of individuals but against lenders where the product in question was never sold? By the time a lender and the ombudsman have spent money proving no sale, future borrowers are out of pocket because of the cost created. Can something be done to stem this growing practice?
Asked by
Baroness Kramer
(Liberal Democrat)
Oral questions - Supplementary
Status
Answered
Answered on
5 March 2012
My noble friend is right to draw attention to another example of abuse. Where such abuses are brought to our attention, we remove companies from the list of those which are able to offer these services. Again, I emphasise that regulations and protection for the consumer are in place. We possibly need greater awareness among consumers of their rights, and I shall certainly take that back.
Subjects
Compensation; Consumers; Credit; Insurance; Misrepresentation; Claims management services
Date
5 March 2012
Reference
735 c1549-50
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I would be very happy to have such a meeting, and I congratulate the noble Lord on his campaign in this area. It is an area where consumers have not been best served and where they are not aware that there are many simpler ways of reclaiming this money than paying exorbitant fees to claims management companies. I hope that as a department we are on the case but I would gladly meet the noble Lord and colleagues to discuss it further.
My Lords, I would be very happy to have such a meeting, and I congratulate the noble Lord on his campaign in this area. It is an area where consumers have not been best served and where they are not aware that there are many simpler ways of reclaiming this money than paying exorbitant fees to claims management companies. I hope that as a department we are on the case but I would gladly meet the noble Lord and colleagues to discuss it further.
Answered by
Lord McNally
(Liberal Democrat)
Asked by
Lord Kennedy of Southwark
(Labour)
Type
Oral answers to questions
Does the noble Lord agree that the mis-selling of payment protection insurance was a scandal? Does he agree that making a claim is relatively straightforward, that you do not need to use a claims management company, and that losing 30 per cent of your compensation in fees and charges is not very good value for money? Would he agree to meet me and consumers' representatives to discuss how consumers can keep more of their money?
Subjects
Compensation; Consumers; Credit; Insurance; Misrepresentation; Claims management services
Date
5 March 2012
Reference
735 c1549
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, would it not be appropriate for the head of the Financial Services Authority to warn consumers on this front? The whole point of having a financial regulator is to protect the public and, in the past, the head of the FSA regularly gave warnings to the public.
My Lords, would it not be appropriate for the head of the Financial Services Authority to warn consumers on this front? The whole point of having a financial regulator is to protect the public and, in the past, the head of the FSA regularly gave warnings to the public.
Asked by
Lord Flight
(Conservative)
Oral questions - Supplementary
Status
Answered
Answered on
5 March 2012
My Lords, the responsibility for this is with the Financial Ombudsman Service. The financial ombudsman has identified this and put out warnings. Both the Financial Ombudsman Service and the MoJ on their websites give clear directions to consumers about how they can make claims in this area without using these companies and at no cost to themselves.
Subjects
Credit; Compensation; Consumers; Insurance; Misrepresentation; Claims management services
Date
5 March 2012
Reference
735 c1551
Chamber / Committee
House of Lords chamber
House
House of Lords
I was halfway to agreeing with the noble Lord because one of the first things I asked was: why is the Ministry of Justice regulating claims management companies? I was told—I am looking at the noble Lord, Lord Borrie, although I do not think he was in post at the time—that the Office of Fair Trading was reluctant to take on this responsibility. The noble Lord nods his head. I still wonder whether there would not be a better home for this matter, but while we have it, noble Lords should know that our motto is ““We are from the Ministry of Justice; we are here to help””. We certainly intend to ensure that, while we have a responsibility to regulate this industry, we will regulate it with all due diligence.
I was halfway to agreeing with the noble Lord because one of the first things I asked was: why is the Ministry of Justice regulating claims management companies? I was told—I am looking at the noble Lord, Lord Borrie, although I do not think he was in post at the time—that the Office of Fair Trading was reluctant to take on this responsibility. The noble Lord nods his head. I still wonder whether there would not be a better home for this matter, but while we have it, noble Lords should know that our motto is ““We are from the Ministry of Justice; we are here to help””. We certainly intend to ensure that, while we have a responsibility to regulate this industry, we will regulate it with all due diligence.
Answered by
Lord McNally
(Liberal Democrat)
Asked by
Lord Campbell of Alloway
(Conservative)
Type
Oral answers to questions
My Lords, why is the Minister of Justice concerned with this? If there is concern, why is not the Lord Chancellor asked to deal with this? What is the difference between the one and the other now that we do not have the old-style Lord Chancellor or Minister of Justice?
Subjects
Compensation; Consumers; Credit; Insurance; Misrepresentation; Claims management services
Date
5 March 2012
Reference
735 c1550
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, why is the Minister of Justice concerned with this? If there is concern, why is not the Lord Chancellor asked to deal with this? What is the difference between the one and the other now that we do not have the old-style Lord Chancellor or Minister of Justice?
My Lords, why is the Minister of Justice concerned with this? If there is concern, why is not the Lord Chancellor asked to deal with this? What is the difference between the one and the other now that we do not have the old-style Lord Chancellor or Minister of Justice?
Asked by
Lord Campbell of Alloway
(Conservative)
Oral questions - Supplementary
Status
Answered
Answered on
5 March 2012
I was halfway to agreeing with the noble Lord because one of the first things I asked was: why is the Ministry of Justice regulating claims management companies? I was told—I am looking at the noble Lord, Lord Borrie, although I do not think he was in post at the time—that the Office of Fair Trading was reluctant to take on this responsibility. The noble Lord nods his head. I still wonder whether there would not be a better home for this matter, but while we have it, noble Lords should know that our motto is ““We are from the Ministry of Justice; we are here to help””. We certainly intend to ensure that, while we have a responsibility to regulate this industry, we will regulate it with all due diligence.
Subjects
Compensation; Consumers; Credit; Insurance; Misrepresentation; Claims management services
Date
5 March 2012
Reference
735 c1550
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, the responsibility for this is with the Financial Ombudsman Service. The financial ombudsman has identified this and put out warnings. Both the Financial Ombudsman Service and the MoJ on their websites give clear directions to consumers about how they can make claims in this area without using these companies and at no cost to themselves.
My Lords, the responsibility for this is with the Financial Ombudsman Service. The financial ombudsman has identified this and put out warnings. Both the Financial Ombudsman Service and the MoJ on their websites give clear directions to consumers about how they can make claims in this area without using these companies and at no cost to themselves.
Answered by
Lord McNally
(Liberal Democrat)
Asked by
Lord Flight
(Conservative)
Type
Oral answers to questions
My Lords, would it not be appropriate for the head of the Financial Services Authority to warn consumers on this front? The whole point of having a financial regulator is to protect the public and, in the past, the head of the FSA regularly gave warnings to the public.
Subjects
Compensation; Consumers; Credit; Insurance; Misrepresentation; Claims management services
Date
5 March 2012
Reference
735 c1551
Chamber / Committee
House of Lords chamber
House
House of Lords
My noble friend is right to draw attention to another example of abuse. Where such abuses are brought to our attention, we remove companies from the list of those which are able to offer these services. Again, I emphasise that regulations and protection for the consumer are in place. We possibly need greater awareness among consumers of their rights, and I shall certainly take that back.
My noble friend is right to draw attention to another example of abuse. Where such abuses are brought to our attention, we remove companies from the list of those which are able to offer these services. Again, I emphasise that regulations and protection for the consumer are in place. We possibly need greater awareness among consumers of their rights, and I shall certainly take that back.
Answered by
Lord McNally
(Liberal Democrat)
Asked by
Baroness Kramer
(Liberal Democrat)
Type
Oral answers to questions
My Lords, is the Minister aware of an issue raised by the Building Societies Association—that these claims companies are pursuing claims supposedly on behalf of individuals but against lenders where the product in question was never sold? By the time a lender and the ombudsman have spent money proving no sale, future borrowers are out of pocket because of the cost created. Can something be done to stem this growing practice?
Subjects
Compensation; Consumers; Credit; Insurance; Misrepresentation; Claims management services
Date
5 March 2012
Reference
735 c1549-50
Chamber / Committee
House of Lords chamber
House
House of Lords
Does the noble Lord agree that the mis-selling of payment protection insurance was a scandal? Does he agree that making a claim is relatively straightforward, that you do not need to use a claims management company, and that losing 30 per cent of your compensation in fees and charges is not very good value for money? Would he agree to meet me and consumers' representatives to discuss how consumers can keep more of their money?
Does the noble Lord agree that the mis-selling of payment protection insurance was a scandal? Does he agree that making a claim is relatively straightforward, that you do not need to use a claims management company, and that losing 30 per cent of your compensation in fees and charges is not very good value for money? Would he agree to meet me and consumers' representatives to discuss how consumers can keep more of their money?
Asked by
Lord Kennedy of Southwark
(Labour)
Oral questions - 1st Supplementary
Status
Answered
Answered on
5 March 2012
My Lords, I would be very happy to have such a meeting, and I congratulate the noble Lord on his campaign in this area. It is an area where consumers have not been best served and where they are not aware that there are many simpler ways of reclaiming this money than paying exorbitant fees to claims management companies. I hope that as a department we are on the case but I would gladly meet the noble Lord and colleagues to discuss it further.
Subjects
Compensation; Consumers; Insurance; Protection; Loans; Unfair practices; Claims management services; Credit; Misrepresentation
Date
5 March 2012
Reference
735 c1549
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, is the Minister aware that there appears to be a scam on the go? I have had about 12 phone calls, in which I have always been addressed by name, saying that they will help me to get money back under the payment protection scheme. Is the Minister saying that this is a vicious and misleading practice by companies or that we are in danger of a scam? If so, should not the public be warned one way or another?
My Lords, is the Minister aware that there appears to be a scam on the go? I have had about 12 phone calls, in which I have always been addressed by name, saying that they will help me to get money back under the payment protection scheme. Is the Minister saying that this is a vicious and misleading practice by companies or that we are in danger of a scam? If so, should not the public be warned one way or another?
Asked by
Lord Hughes of Woodside
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
5 March 2012
I would take the name of the company and report it to the Ministry of Justice. Cold-calling in person is banned; high-pressure telephone calling is banned; and unsolicited text messaging is banned. I am sure that noble Lords, to whom this has happened for the first time, have already realised that this is an industry where a lot of consumers' money is at stake because of the success in making the banks take responsibility for this mis-selling. As the noble Baroness said, there is something like £8 billion or £9 billion that could be returned to consumers and, to put it no higher, there are some very dodgy practices at work with people trying to get their hands on that money. I can assure noble Lords that the Ministry of Justice will accept its responsibility in this area. We are talking to the Financial Ombudsman Service as well and we shall pursue this matter in the best interests of consumers.
Subjects
Compensation; Consumers; Credit; Insurance; Misrepresentation; Claims management services
Date
5 March 2012
Reference
735 c1550-1
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I declare an interest as a director of the Financial Ombudsman Service. My best guess is that the banks have provisioned about £9 billion for PPI. If about 80 per cent of cases going to the ombudsman come through claims management companies, then at least £2 billion is going to CMCs rather than going back to customers. Given that, will the Minister give the House an undertaking that his department will act to require CMCs to declare their fees up front and to tell customers that they are not required to use them as they could make a claim themselves for free?
My Lords, I declare an interest as a director of the Financial Ombudsman Service. My best guess is that the banks have provisioned about £9 billion for PPI. If about 80 per cent of cases going to the ombudsman come through claims management companies, then at least £2 billion is going to CMCs rather than going back to customers. Given that, will the Minister give the House an undertaking that his department will act to require CMCs to declare their fees up front and to tell customers that they are not required to use them as they could make a claim themselves for free?
Asked by
Baroness Sherlock
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
5 March 2012
My Lords, those are exactly the regulations that pertain to these companies. However, because of the pressure of sales, there is no doubt that people are being misled in that way. We shall need to take further action because, as the noble Baroness rightly says, one does not need a pocket calculator to realise that these companies operate in an area where they can make a lot of money, which should quite properly go into consumers' pockets.
Subjects
Compensation; Consumers; Credit; Insurance; Misrepresentation; Claims management services
Date
5 March 2012
Reference
735 c1550
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, the Government require claims management companies to follow conduct rules focusing on protecting the consumer. The Ministry of Justice's Claims Management Regulation Unit will take action against companies which fail to comply.
My Lords, the Government require claims management companies to follow conduct rules focusing on protecting the consumer. The Ministry of Justice's Claims Management Regulation Unit will take action against companies which fail to comply.
Answered by
Lord McNally
(Liberal Democrat)
Asked by
Lord Kennedy of Southwark
(Labour)
Type
Oral answers to questions
To ask Her Majesty's Government what action they are taking to ensure consumers are getting good value for money from companies that are marketing services helping people make payment protection insurance mis-selling claims.
Subjects
Compensation; Consumers; Credit; Insurance; Misrepresentation; Claims management services
Date
5 March 2012
Reference
735 c1549
Chamber / Committee
House of Lords chamber
House
House of Lords
To ask Her Majesty's Government what action they are taking to ensure consumers are getting good value for money from companies that are marketing services helping people make payment protection insurance mis-selling claims.
To ask Her Majesty's Government what action they are taking to ensure consumers are getting good value for money from companies that are marketing services helping people make payment protection insurance mis-selling claims.
Asked by
Lord Kennedy of Southwark
(Labour)
Answered by
Lord McNally
(Liberal Democrat)
Oral questions - Lead
Status
Answered
For answer on
5 March 2012
Answered on
5 March 2012
My Lords, the Government require claims management companies to follow conduct rules focusing on protecting the consumer. The Ministry of Justice's Claims Management Regulation Unit will take action against companies which fail to comply.
Subjects
Compensation; Consumers; Credit; Insurance; Misrepresentation; Claims management services
Date
5 March 2012
Reference
735 c1549
Chamber / Committee
House of Lords chamber
House
House of Lords
Consumer Insurance (Disclosure and Representations) Bill (HL). Committee stage first sitting. Sittings motion agreed to. Clauses 1 to 12 agreed to. Schedules 1 and 2 agreed to. Bill to be reported without amendment.
Consumer Insurance (Disclosure and Representations) Bill (HL). Committee stage first sitting. Sittings motion agreed to. Clauses 1 to 12 agreed to. Schedules 1 and 2 agreed to. Bill to be reported without amendment.
Lead member
Mark Hoban
Answering member
Chris Leslie
Department
Treasury
Type
Debates on bills; Public Bill Committee proceedings
Legislative stage
Committee stage
Legislation
Consumer Insurance (Disclosure and Representations) Bill (HL) 2010-12
Subjects
Disclosure of information; Contracts; Consumers; Insurance; Floods; Motor vehicles; Life insurance; Misrepresentation
Date
22 February 2012
Reference
PBC
Chamber / Committee
General committees
House
House of Commons
Second Reading Committee motion to recommend that the Bill ought to be read a second time. Agreed to on question.
Second Reading Committee motion to recommend that the Bill ought to be read a second time. Agreed to on question.
Lead member
Mark Hoban
Answering member
Chris Leslie
Department
Treasury
Type
Debates on bills; Second Reading Committee proceedings
Legislation
Consumer Insurance (Disclosure and Representations) Bill (HL) 2010-12
Subjects
Disclosure of information; Contracts; Consumers; Advertising; Legal profession; Health; Insolvency; Insurance; Floods; Motor vehicles; Life insurance; Misrepresentation
Date
31 January 2012
Reference
SRC
Chamber / Committee
General committees
House
House of Commons
My Lords, I share the view of the noble Lord, Lord Goodhart, and, therefore, share the view of my noble friend Lord Eatwell today in raising again the duplication that there seems to be in Clause 5. I do not think that anyone wants to press the point. In addition...
My Lords, I share the view of the noble Lord, Lord Goodhart, and, therefore, share the view of my noble friend Lord Eatwell today in raising again the duplication that there seems to be in Clause 5. I do not think that anyone wants to press the point. In addition...
Member
Lord Borrie
(Labour)
Type
Proceeding contributions
Legislation
Consumer Insurance (Disclosure and Representations) Bill (HL) 2010-12
Subjects
Contracts; Insurance; Life insurance; Misrepresentation
Date
20 December 2011
Reference
733 c1749
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, thank you for that short and focused discussion. On the specific point about the interlinkage of Clause 5(1) and Clause 5(3), I think that my noble friend Lord Goodhart has answered the question. Frankly, if the amendment had come forward again, in the Christmas spirit I and the...
My Lords, thank you for that short and focused discussion. On the specific point about the interlinkage of Clause 5(1) and Clause 5(3), I think that my noble friend Lord Goodhart has answered the question. Frankly, if the amendment had come forward again, in the Christmas spirit I and the...
Member
Lord Sassoon
(Conservative)
Type
Proceeding contributions
Legislation
Consumer Insurance (Disclosure and Representations) Bill (HL) 2010-12
Subjects
Contracts; Insurance; Life insurance; Misrepresentation
Date
20 December 2011
Reference
733 c1749-50
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I am very glad to hear that the noble Lord, Lord Eatwell, is not objecting to the amendment. Whether it is something new or exactly the same in a different form does not matter so much, but I am glad that the amendment proposed will not be opposed...
My Lords, I am very glad to hear that the noble Lord, Lord Eatwell, is not objecting to the amendment. Whether it is something new or exactly the same in a different form does not matter so much, but I am glad that the amendment proposed will not be opposed...
Member
Lord Lloyd of Berwick
(Crossbench)
Type
Proceeding contributions
Legislation
Consumer Insurance (Disclosure and Representations) Bill (HL) 2010-12
Subjects
Contracts; Insurance; Life insurance; Misrepresentation
Date
20 December 2011
Reference
733 c1748-9
Chamber / Committee
House of Lords chamber
House
House of Lords