2 S1 Thursday November 11 2021 | the times
News
The Brexit minister, Lord Frost, has
warned the European Union against
“massive and disproportionate retalia-
tion” over the Northern Ireland proto-
col if the UK triggers Article 16, amid
threats of an all-out trade war.
In Brussels, ambassadors instructed
the European Commission to be ready
to take all “possible countermeasures”.
Hawks, led by France, warned that all
trade with Britain was conditional on
Northern Irish arrangements.
Frost told the Lords yesterday that he
would “not give up” on talks with the
commission to reform the protocol that
imposes checks on goods crossing into
Northern Ireland from Britain.
But he warned that if it became clear
that “nothing more” could be achieved
then he would not hesitate to trigger
Article 16. That would unilaterally sus-
about companies incorporated at these
addresses after the furlough scheme
was launched, but this does not necessa-
rily mean their claim was illegitimate.
Rishi Sunak, the chancellor, officially
announced the creation of the furlough
scheme on March 20 last year and said
it would cover wages from March 1.
The companies created on or after
that date claimed between £5.7 million
and £26.6 million between last Decem-
ber and June. The wide range is because
HMRC publishes funding bands
claimed by companies, and most
claimed between one penny and
£10,000 each a month, the data shows.
The 7,000 companies at the five
London addresses claimed between
£40 million and £473 million from last
December to June.
The number of companies that made
claims and the sums they claimed are
both likely to have been higher because
the data analysed does not include
claims made before last December.
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Today will be cloudy and damp and
increasingly wet from the west.
Full forecast, page 70
THE WEATHER
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Duchess says
sorry to court
The Duchess of Sussex
has apologised to the
Court of Appeal for a
misleading statement
after her former
communications
secretary revealed the
extent to which she
had co-operated with
the authors of a book
about her and the duke.
Page 5
E-passport
gates fail again
Passengers arriving at
Heathrow had to
queue for up to two
hours after a “technical
issue” caused the
e-passport gates to fail.
It was the third time in
just over two months
that the gates, which
process the vast
majority of arrivals,
had failed. Page 10
Dozens fight for
graduate jobs
A backlog of
unemployed graduates
from last year has
intensified the
scramble for jobs as
competition for jobs
for university leavers
reached a record high
this year, with more
than 90 applications
for every position.
Page 22
Cricketers lose
T20 semi-final
England crashed out of
the T20 World Cup in
Abu Dhabi after they
were beaten by five
wickets with six balls
to spare by New
Zealand in the semi-
finals. Eoin Morgan’s
team leaked 57 runs in
three overs as the
Kiwis passed England’s
total of 166. Page 82
Belarus border
row deepens
Russia sent strategic
bombers over Belarus
yesterday as the
European Union
prepared to impose
further sanctions on
Minsk for luring
people from the
Middle East and
creating a migrant
crisis on the border
with Poland. Page 34
Inflation surges
in America
Prices rose at their
fastest pace in more
than three decades in
the US last month as
inflation accelerated
amid sustained supply
shortages and robust
demand. America’s
benchmark measure of
inflation increased to
6.2 per cent in the year
to October. Page 47
COMMENT
Rules are only rules until someone powerful
and with popular support says they aren’t
DAVID AARONOVITCH, PAGE 29
COMMENT 29
THUNDERER 30
LEADING ARTICLES 33
MARKETS 59
REGISTER 65
LAW 68
SPORT 71
CROSSWORD 82
TV & RADIO TIMES
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Business Minister Paul Scully
Matt Chorley reflects on the MPs who served and
died in the war, with historian Kathryn Rix
and MPs Chris Bryant and Tom Tugendhat
Dire Straits bassist John Illsley, right
Director Ben Turner on his new TV
series behind the scenes at Nasa
Tomorrow’s front pages with former
health minister Sir Norman Lamb
and Chris Southworth of the
International Chamber of Commerce
Frost warns EU against
trade war over Article 16
Oliver Wright Policy Editor
Bruno Waterfield Brussels
pend parts of the protocol, which in ef-
fect keeps Northern Ireland in the EU’s
single market and customs union.
The government is demanding that
the protocol is renegotiated and North-
ern Ireland is removed from the juris-
diction of EU courts but this is being re-
sisted by Brussels.
Frost is due to resume talks with the
EU negotiator, and commission vice-
president, Maros Sefcovic this week.
Government sources suggest that no
decision on triggering Article 16 will be
taken until the end of the month.
Sefcovic told a confidential meeting
of European ambassadors that negotia-
tions with Frost were “disappointing”
and British demands amounted to “re-
negotiation” of the protocol, “reneging”
on agreements.
If the UK uses Article 16 to rewrite
the protocol then the commission will
be asked by some countries to suspend
the trade deal.
an increasingly urgent challenge. We
hope this joint declaration will help to
achieve success at Cop26.”
One source close to the talks said the
joint statement was helpful but that any
final deal had to be signed off by all 197
parties to the negotiations. Unresolved
issues include a new mechanism by
which countries have to update pledges
more frequently and a regime for
verifying carbon-reduction claims.
Nick Mabey, chief executive of the
E3G, a climate-change think tank, said
the declaration made it more likely that
countries would agree at Cop26 that
they should return next year with
stronger emissions-reduction targets.
“This truce between US and China,
which have been sniping at each other,
could help deliver a transformational
Glasgow outcome,” he said.
The UK government team at Cop
believe that the declaration is signifi-
cant and hope that it means China will
agree to bring forward from 2029 its
deadline for reaching peak emissions.
Johnson criticises world leaders, page 12
Criticism of China, letters, page 32
Three out of every four current account
customers who were denied a refund
for fraud were treated unfairly by their
bank and should have got their money
back, according to ombudsman data.
The figures show that thousands of
fraud victims every year are not being
reimbursed with banks ignoring their
own code of conduct on refunds.
Most high street banks have signed
up to a voluntary reimbursement code
on transfer scams, also known as
authorised push payment fraud, which
instructs them not only to reimburse
customers who are not at fault but also
to provide them with adequate support.
However, over the past year, nearly
8,000 victims of this type of fraud com-
plained to the Financial Ombudsman
Service after their bank refused to
refund them or only partially refunded
them. This figure is likely to be a
fraction of those who didn’t get their
money back because many victims give
up rather than fight all the way to the
ombudsman.
The industry says that there were
150,000 victims of push fraud last year
Victims of fraud are unfairly
denied refunds by their bank
Andrew Ellson
Consumer Affairs Correspondent
but research suggests that banks return
less than half of the missing cash to
customers. In total, nearly half a billion
pounds was lost to this type of fraud
last year.
The data reveals that 73 per cent of
customers who complained to the om-
budsman about not being refunded had
their complaints upheld.
Some banks are performing worse
than others, with the ombudsman tell-
ing NatWest to reverse nine out of ten
decisions to deny a refund. More than
80 per cent of complaints against
Santander were also upheld, while Na-
tionwide was told to refund 74 per cent.
The figures were obtained from the
ombudsman by the consumer group
Which?. It said the current “reimburse-
ment lottery” left many victims facing
an uphill struggle to recover their cash.
The consumer group is now calling
on the government to make the neces-
sary changes to enable the Payment
Systems Regulator to introduce
mandatory fraud reimbursement obli-
gations on all firms using faster pay-
ments, with a robust regime of regula-
tory oversight and enforcement.
Jenny Ross, money editor at Which?,
said: “Fraud can have a devastating
financial and emotional impact on
victims, so it’s shocking that so many
banks are failing to handle cases
correctly, often wrongly and unfairly
denying victims reimbursement. It’s
clear banks can’t be trusted to make the
right decision when it comes to reim-
bursing their customers who’ve fallen
victim to push-fraud scams.”
NatWest said: “Our proactive stance
and relationship with the ombudsman
service has brought forward the
settlement of many of our cases earlier
than required... As a result of this our
overturn rate for the period is inflated.
We do, however, expect to see this nor-
malise in 2022.”
Santander said: “We invest a great
deal in protecting our customers
against fraud, raising awareness of
scams and fraud, and working closely
with the ombudsman, as well as other
industry bodies, to ensure customers
are treated fairly.”
Nationwide said: “The cases require
careful consideration and each is
assessed on its own merits, taking into
account steps taken by the members
to protect themselves, our own ac-
tions and wider factors such as any
vulnerability.”
continued from page 1
US-China Cop26 pledge
Concerns that the scheme was vul-
nerable to fraud increased after the
Financial Times reported that a group of
four companies was believed to have
fraudulently claimed tens of millions of
pounds of taxpayers’ money.
An alleged fraudster is understood to
have claimed £27.4 million over 14
months despite scant public evidence
that his businesses had any staff or any
substantial trade. Last month HMRC
seized £26.5 million of funds claimed by
the companies controlled by Rajanish
Garibe, who according to filings is a 45-
year-old Indian citizen. At Cardiff
magistrates’ court Judge Shomon Khan
granted a forfeiture order, understood
to be the largest in HMRC’s history, over
five Nationwide building society ac-
counts, and said the sums involved were
“eye-watering” and of “grave concern to
the public”.
Garibe is suspected of using fake or
stolen national insurance numbers to
access taxpayer funds ostensibly for
four companies registered to Kemp
House, an address near east London’s
so-called Silicon Roundabout. The site
is sold as a “premium central London”
off-the-shelf address by Your Virtual
Office London, a company formation
agent and the trading name of Capital
Office Ltd, which owns the leasehold on
the property, according to Land Regis-
try documents. Your Virtual Office did
not respond to a request for comment.
There is no suggestion Your Virtual
Office is suspected of wrongdoing.
Susan Hawley, executive director at
Spotlight on Corruption, a charity, said:
“The British public are going to be pick-
ing up the bill from massive fraud on
government Covid support schemes for
years to come. The lessons from why
these schemes were so open to fraud has
to be learnt, and learnt quickly.”
Garibe could not be reached for com-
ment. HMRC said: “We designed anti-
fraud measures into the Covid support
schemes from the beginning, and we are
taking tough action to tackle fraudulent
and criminal behaviour. We have
blocked tens of millions of pounds of
claims being paid out in the first place
and we are using the full range of pow-
ers to recover incorrectly paid claims.”
continued from page 1
Furlough fraud fears