JAIL FOR FAKE CLAIMS COUPLE
HOLIDAY company Thomas Cook has won a landmark case after a private prosecution against a couple claiming almost £20,000 in a fake sickness claim.
Shamed partners Paul Roberts and Deborah Briton were both jailed as the government mounted an investigation into the scam plaguing the holiday industry – the Association of British Travel Agents (ABTA) estimates fake claims have cost the industry some £240 million.
Roberts, 43, and Briton, 53, from Wallasey, the Wirral, are the first people to be prosecuted in the UK over bogus sickness claims.
Liverpool Crown Court heard they had travelled to Mallorca in 2015 and 2016 with their two children. They claimed the family trips ended with them suffering diarrhoea and vomiting at their favourite resort, staying in all-inclusive deals at Globales America in Cales de Mallorca.
However, in posts on social media Briton claimed they had enjoyed the times of their lives – and there was no mention of any sickness marring the enjoyment of their trips.
Roberts was jailed for 15 months and Briton for nine months after each admitted two counts of fraud; had their claims succeeded, the fake claims would have cost Thomas Cook £19,958 in compensation and £28,000 in legal costs.
The court heard the “first ever” prosecution followed a 500% rise in gastric sickness claims: from around 5,000 in 2013 to over 35,000 last year.
Sentencing, Judge David Aubrey, QC, told the sobbing defendants that “the message had to go out” that people making such claims should expect to go to prison if caught. The court heard that through a firm of solicitors the couple made a series of statements claiming both holidays were “ruined” by illness and both knew they were lying.
However, in June 2015, Briton posted on social media: “Safely home after two weeks of sun, laughter fun and tears. Met up with all our lovely friends who made our holiday fab.”
In a post the following year in July 2016, she wrote: Back home after a fantastic holiday, my favourite so far.”
The judge said the offences required thought and premeditation and were driven by greed “seeking to get something for nothing.”
And he said: “Both of you made representations to Thomas Cook that were a complete and utter sham. They were bogus from start to finish. They were totally and utterly fake.”
Following the sentencing, a Thomas Cook spokesman said: “The sentences handed down today demonstrate how serious the issue of fraudulent illness claims has become.
“This is a particularly sobering case, but reflects what is going on across the UK travel industry, so we had to take a stand to protect our holidays and our customers from the minority who cheat the system.”
The government is calling for evidence to get travel industry guidance on how to tackle the problem – especially after reports ‘touts’ in many popular European and, frequently, Spanish resorts are driving the surge in claims acting for management companies.
Foreign Secretary Boris Johnson has said: “These claims make it more expensive for Brits to go abroad. They should not have to shoulder the inevi- table rising costs of bogus accusations made by a small minority.
“The recent rise in claims against tour operators, partly fuelled by unscrupulous touts, tarnishes the UK’s reputation overseas. It is also hugely unfair on those who genuinely do become ill, who risk becoming victims of unjustified suspicion. This is the first step in fighting the scam holiday claim epidemic.”
Campaigns against the scam include Travel Weekly’s ‘Fight Fake Claims’ and ABTA’s ‘Stop Sickness Scams’, and the government has announced its intention to protect ‘holidaymakers’ at home and abroad.
ABTA estimates the average cost of fighting a claim is £3,800, which was why so many cases were settled out of court as the average compensation payment was £2,100 – leading to its prediction of a £240 million total cost to the travel industry.
An ABTA spokesman said it welcomed the government investigation and its intention to change a “loophole” in the law that allowed claims management companies to profit through the fraud.
“ABTA and its members have already presented the government with a body of evidence over the past months showing how these claims have risen by 500% since 2013, whilst reported sickness levels have remained stable.
“These claims are also tarnishing British holidaymakers’ reputation abroad, particularly in Spain where they are costing hoteliers millions of euros.”