Baroness King of Bow
Main Page: Baroness King of Bow (Labour - Life peer)Consumer Rights Bill
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Baroness King of Bow
“( ) Prior to the provision of the service or agreeing the contract, whichever happens first, the trader will explicitly provide the consumer with relevant details of their statutory rights under sections 51, 52, 55 and 56 of this Act.”
Baroness King of Bow (Lab)
I am very happy to be mistaken for my noble friend, not least because she has about 15 years more experience than me on this subject—well, maybe four. I beg to move Amendment 48A in the name of my noble friends Lady Hayter and Lord Stevenson. This group of amendments seeks to improve consumers’ awareness of their rights under the law. Amendment 48A relates to consumer rights regarding services. It stipulates that these rights should be made clear at the point of sale. Amendment 50E requires the trader to ensure that the consumer is aware of their rights when they initiate a complaints procedure. Amendment 51, in the name of the noble Baroness, Lady Oppenheim-Barnes, requires the suppliers of goods and services to tell consumers what their rights are in plain English. That is something we support.
Martin Lewis, from moneysavingexpert.com—I am sure you are all familiar with that organisation, as it is the UK’s biggest money and consumer website—spoke to the Public Bill Committee in the Commons and singled out what was, in his view, the one aim for the Bill above all others. He said:
“The most important thing I would like to say to you is that you need … to give people something very simple, which you could teach children in schools … that says, ‘These are your rights when dealing with a company.’ At the moment I am not quite sure you are there. You are nearer, but I am not quite sure you are there”.—[Official Report, Commons, Consumer Rights Bill Committee, 11/2/14; col. 56.]
These amendments would help to deliver the “most important thing” that Mr Lewis talked about. His warning was stark: if we do not make things simple and clear, we effectively disempower consumers and undermine their rights. He essentially said that we can give people all the rights in the world but if they are not empowered to use them, because the process is too complicated or the language too complex, then in practice we are not really giving them any rights at all. Naturally, putting things in plain English is an important prerequisite for this. That is what Amendment 51 would require, which is why we give it our support.
Amendments 48A and 50E are about letting people know what their rights are to start with. Amendment 48A relates to services. As we heard earlier from my noble friend Lady Drake, people have different rights when it comes to services. They are often far more hazy and confused about those rights than they are about their rights relating to goods. I wonder why the Government feel unable to strengthen the legislation in the way that these amendments suggest, which would sharpen the information given to consumers at the point of sale. Amendment 50E would ensure that consumers also have consistent information at the point of complaint and that their statutory rights were explained and articulated, instead of being a never-explained mantra that every consumer hears and virtually no consumer understands—except perhaps for those dealing with this Bill.
In summary, the amendments would help the Bill to fulfil its objective of giving consumers clear rights in regard to services—rights that were simple to understand and in plain English, and given at the point of sale and at the point of complaint.
Baroness Jolly (LD)
My Lords, as was said when we discussed point-of-sale information for goods last Monday, the Government believe that it is really important that consumers should feel confident about exercising their statutory rights and that businesses should know and fulfil their statutory responsibilities. That is why, a year ago, we set up an implementation group for the Bill. This is helping us to decide how to increase consumer and business knowledge about consumer rights. The group has consumer, business and enforcer representatives working with us on a co-ordinated approach to content, channels and timing of guidance, advice and publicity for the Bill.
As part of their work, members of the implementation group have been developing a high-level summary of consumers’ rights when they buy goods, services and digital content. The summary will also signpost consumers to the Citizens Advice helpline and website—both sources of more detailed guidance on specific issues. We are in the process of testing this model with businesses and on consumers. The response from business has been positive, provided that use of the wording is on a voluntary basis.
Turning to Amendments 48A, 50E and 51, for the reasons explained when we discussed Amendments 9, 13 and 25 last week, we do not believe that requiring this information to be given to all consumers before they purchase or receive any goods or services, or after they purchase services, would achieve the best outcome for them or for businesses. First, we do not think there is any evidence to support the argument that the point of sale is the best place to inform consumers of their rights or that it is an important part of the purchasing decision. Consumers are more likely to focus on their rights when they need to enforce them. Secondly, it is difficult to see that consumers would see the benefit of being reminded that services must be delivered with reasonable care and skill whenever they visited the hairdressers or the carwash. Are we really suggesting that a local window-cleaner should provide his customers with a written notice setting out their relevant statutory rights? That seems pretty burdensome for both the trader and the consumer.
Baroness King of Bow
I thank the Minister for her reply. The whole purpose of our amendment is to ensure that customers feel confident about exercising their statutory rights, which is what the noble Baroness was saying. I am not clear that in the terms of the amendment, as drafted, the information has to be given in writing. Given that, I admit to being slightly perplexed why the Minister feels it would be so onerous or burdensome. She talked about the flexible approach that she seeks to employ. Our concern is that “flexible” can mean not providing consumers with information about their statutory rights. We do not think that the right way forward is not to give consumers these rights upfront, at the point of sale. In line with tradition at this stage, I beg leave to withdraw the amendment.
Baroness King of Bow
“(1A) The trader is required to provide full details of the total cost of the service prior to sale including any additional service fees or charges that could be incurred by the buyer in purchasing the service.
(1B) The information set out in subsection (1A) should be portrayed prior to sale and the explicit consent to purchase the service at this price sought prior to sale.”
Baroness King of Bow
My Lords, Amendment 48B would ensure that full costs are provided to consumers before the sale takes place, and that these include any non-negotiable charges and fees. Amendment 50G, which is also in this group, would stop traders charging people to complain by removing charges for helplines and complaint facilities.
The issue is a real scourge for all consumers, and it has probably happened to all of us here. We see adverts offering cheap broadband deals, or we try to book cinema tickets or decide to go to a concert. We look at the headline figure, which lures us in, and decide that it is a sum that we are willing to pay. On that basis, we spend our time—it is important to remember that time is money—going through the process of purchase. As we all know, this is increasingly done online.
I had something of a new experience the other day—I never usually buy Christmas presents earlier than Christmas Eve—when I received an e-mail from a trader advertising a concert that I knew my mother would just love. It was for Paul Simon. Do we not all love Paul Simon? Would everyone in this Room not want to go and listen to Paul Simon? I thought, “My goodness, it is only September, but I might be lured into buying my mum her Christmas present”. The headline figures advertised for the seats I wanted were between £60 and £100. I ummed and aahed, because that is a lot of money, but as my noble friend says, my mum is a nice lady. I had a L'Oréal moment—“Because she’s worth it”—and, obviously, I had to get her two tickets. She lives in France, so I had to check easyJet flight availability, and I spent ages on price comparison websites to check whether there were cheaper tickets available, then I went back to the original website to see what the tickets would be, what the visibility was and so on.
Finally, after about an hour I decided that, yes, it is really expensive, but it is a once-in-a-lifetime chance for my mum and I will also have got her Christmas present sorted out in September, which would also be a once-in-a-lifetime experience for me. I pressed the purchase button and was utterly gobsmacked when the price that popped up for these two tickets was £60 greater than the price quoted all the way through. I was enraged; I realised I had been conned. I had expected what we all expect—maybe a £1.50 booking charge, but £60 is just ridiculous. I realised that all the price comparison checking I had done over the previous hour was meaningless because this website gave you the full price, the real price, only when the sale was being transacted—in other words, once you are entering credit card details. I am terribly ashamed to say that I bought the tickets, though it was clearly a complete con.
The point is that this amendment, and this group, is about giving consumers transparent data so that they can make an informed choice. It is about ensuring that traders give the total cost of a service, including all the non-negotiable charges and fees that they add on at the end. If this does not happen, it is simply not cricket—it is not fair. The same goes for Amendment 50G, which seems like a basic point of fairness. Consumers should not be charged exorbitant helpline fees or forced to pay for costly 0800 numbers and others, just so that they can complain. It seems like common sense and basic fairness to make these changes. I beg to move.
The Earl of Lytton
My Lords, I have considerable sympathy with the amendment, but I am not sure that I would advocate it in this form. I am very familiar with the cost of something being “from £X” and you find you have to order three dozen of whatever it is in order to get the £X. That has always been a bone of contention for me. Where I depart from the noble Baroness is when it comes to an area of my own expertise, which I shall use as an example.
In party-wall cases, where people want to undertake certain work to their building, they have to serve a notice on the adjoining owner, and if the adjoining owner does not agree, then the parties have to appoint surveyors to deal with the matter for them. That takes the two neighbours out of the frame, which is part of how the thing is designed to work. The person proposing the work is obliged under the legislation to meet the reasonable costs of the adjoining owner, which may include their professional fees. When a surveyor is faced with this situation, as I frequently am, it may be a building owner but it is normally an adjoining owner who rings up and says, “I have been served with a notice by our neighbour and I think I need a surveyor”. Assuming that it is a case which needs a surveyor and that they are not best advised to agree to the thing and let their neighbour get on with it, there is then the question of how to structure the fee that is dealt with.
There is a European directive on the provision of services. I forget its precise name, but I am sure that the Minister will know about it—I will find out if necessary and write to her. One of the things in it refers to the cost of the service provided or the manner of calculating it shall be set out—I do not know whether I am quoting that verbatim but it is something along those lines—along with all the other things, including the identity of the trader, the time taken to deliver the service and that sort of thing. The difficulty is that, until one gets on site, one does not necessarily know what one is faced with. You may take on a job and then find that the person promoting the work has a fly-by-night builder but has no engineer on site, yet they are doing things involving some quite serious construction that affects, for instance, party walls or adjacent excavation in an urban environment. You may conclude that they are not doing it safely. They may also have as their surveyor someone who is not that experienced and does not know what is supposed to be done. Then you end up having to hold the hand of the other person’s surveyor.
All this can run up costs which one did not anticipate at first, so providing full details of the total cost of the service in that instance would be nigh-on impossible. However, providing the mechanism for calculating it is perfectly reasonable. It so happens that, under party-wall legislation, the building owner carrying out the works is obliged to refund only the reasonable costs of the adjoining owner. There is that fall-back and it is obviously up to the surveyor to justify the reasonableness of whatever it may be—the hourly charge, the amount of travel, the frequency of visits and everything else. However, the total costs in such circumstances would be extremely difficult to pin down.
That might also happen in any other construction-related job where there are a number of variables and where, typically, you will have provisional sums in a building contract to cover certain things. Those might be based on a prime cost or just a spot figure, but they are subject to a demonstration of the amount of man-hours and materials that have gone into the job at the end of the day. Sometimes I get called in, as do colleagues, to try to deal with situations where the amount claimed is unreasonable because a contractor has an add-only calculator or the consumer is on a fixed budget and cannot agree to anything that exceeds it, and so on.
The idea is to get to having provisions that deal with the real world of things. I know that the noble Baroness, Lady King, has rightly pointed to a situation where you buy a product, such as the tickets to the theatre or whatever it is. Inevitably, services do not necessarily quite fall into that category. Yes, you can get a fixed price for doing your bathroom floor—I am sorry to go on about bathrooms but your Lordships get the drift—but other things are not capable of being drilled down to that degree of finesse. I would advise a bit of caution and flexibility in the overall approach.
Baroness Neville-Rolfe
My Lords, I thank the noble Baroness, Lady King of Bow, and the noble Earl, Lord Lytton. I appreciate the fact that he intervened with such practical comments, with more stories about bathrooms and a plea for caution and flexibility. My noble friend Lord Hodgson also warned us that some of the wording in the amendment may be a bit too wide—a sentiment with which I concur.
First, I turn to Amendment 48B. We discussed this issue in some detail when we talked about Amendment 8 relating to goods, and I apologise if I repeat the points made then. However, I welcome this opportunity to reassure the Committee in relation to services contracts and to respond to the points made by the noble Earl.
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, traders are required to make the consumer fully aware of the total costs of a service. For the noble Earl’s information, they implement the consumer rights directive, which I think is the title that he was seeking when he raised this point. These regulations came into force quite recently—on 13 June 2014—and they require traders to give, or make available to, the consumer information about costs before the consumer enters into a contract. In addition, the information must be clear and comprehensible. I therefore believe that these regulations already cover a large part of the amendment. Traders are required to provide information, and they are required to make that available to the consumer before the contract is agreed—that is, prior to the sale.
The noble Earl was also concerned that prices can be unclear—for example, if they are expressed as “from £2” rather than being £2. He suggested that some flexibility was needed in services. I am pleased to reassure him that the regulations I have referred to—this good directive from the EU—have taken us a step forward. If the total price for the service cannot reasonably be calculated in advance, the trader must notify the consumer of the manner in which the price will be calculated.
The amendment also talks about the consumer giving “explicit consent to purchase” at the price given. The Bill deals with consumer contracts but it does not set out the form that a contract should take. Contracts can be implicit or explicit. In many cases, a consumer will give their express consent, such as in signing a contract for a contactor to paint their living room—on this occasion it is a living room, not a bathroom. However, in other cases the contract is implied. For example, a consumer walks into a hairdresser—somewhere I go a lot, obviously—asks the price and, on hearing it, sits down in the hairdresser’s chair.
It is not our intention in the Bill to define how a contract should be made. I can, however, reassure noble Lords that the 2013 regulations require the consumer’s express consent for any changes. For example, if the price for painting the living room were to change, the consumer would need to give their express consent.
I can also reassure noble Lords that the 2013 regulations protect consumers from hidden charges. Under those regulations, the consumer must give their active or express consent for any optional additional payments. For example, pre-ticked boxes for payments which the consumer must untick are no longer permitted for services within scope of those regulations. I think that that helps to deal with the concert example—and we probably have cross-party agreement on Paul Simon and his beautiful music. I also take the opportunity to point out the excellent work that Which? has done to improve transparency of ticket prices. I hope that the noble Baroness’s future experiences will be a bit better.
In discussing Amendment 50G, I will, with apologies, refer again to the famous Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—that is too long a title. But I have some good news. For services within scope, these regulations prohibit the trader from requiring the consumer to pay above the basic rate when consumers contact them by telephone about a problem with a services contract. This requirement represents an important and significant move towards fair treatment of consumers who want to contact a trader. It was agreed by all member states at EU level as a fair right for consumers, while not placing excessive burdens on business. In the same way that a consumer may need to pay the travel fare or parking to visit a shop to sort out a problem, it seems reasonable to expect that they may have to pay the basic phone rate to contact the trader. What the trader should not do is to derive benefit, or use numbers which actively dissuade contact.
Amendment 50G would give rise to unintended consequences. To require that businesses who offer a phone number must offer a freephone number might result in traders withdrawing telephone-based customer support to the detriment of consumers. Many people would rather speak to someone than, for example, have to use an online chat room or e-mail their complaint. But I can reassure the Committee that, even though not all services are within scope of the consumer contracts regulations, the sector regulators have taken action. For example, current Financial Conduct Authority rules require every authorised firm to have a free channel for making a complaint. While some firms provide a freephone number, this channel could also be by post or online. Early this year, the Financial Conduct Authority issued a consultation paper proposing that charges for consumer help, and complaint, lines were capped at the cost of a basic rate call.
I hope that these developments will help to reassure the Committee, and I therefore ask the noble Baroness to withdraw her amendment.
Baroness King of Bow
My Lords, it has been an interesting discussion that has taken in some clear old favourites, with bathrooms and even party walls mentioned by the noble Earl, Lord Lytton. The problem is that, without the safeguards proposed in these amendments, to the average consumer—and I include myself well and truly in that description—goods and services are not as described. Consumers will not have transparency and will not be able to make an informed choice. In many cases, we are talking about products with a finite cost. I absolutely recognise that services are different from goods; in fact, that was the point that I made in my previous intervention.
I thought that the noble Lord, Lord Hodgson, made some good points about alarm systems as well as the wording of the amendment, and I hear the concerns about the wording being too wide. However, it seems strange to me that the non-negotiable fees that are added to ticket prices are not actually the price for the service; they are another element being added. I recognise that the wording may be a problem, but then let us change the wording. That is something that the excellent Bill team would have no problem doing. Without something to address the gaps, I feel that the Bill is inadequate at present. I would at the very least hope that the Bill would stop the additional non-negotiable fees and charges.
The noble Baroness drew our attention to the 2013 legislation about additional payments and charges, which she believes already covers a large part of the concern addressed by Amendment 48B. Although I welcome the legislation, my problem is that in this case, something is clearly not working. The same goes for Amendment 50G. Of course I agree with the Minister that it is reasonable for people to pay a basic rate, and we would not want to have those unintended consequences, but if that is already covered by legislation, why is it not working in practice? Why, when I booked those tickets in the past few weeks, was I charged £60 on top of the price as advertised and why can we not do something more concrete to crack down on what is a scamming exercise? All right, I suppose that legally it is not a scam, but it absolutely feels like it. Given that the opportunities of a Consumer Rights Bill are few and far between, it would be wonderful if the Minister and her team could review how we can ensure that the practical effect is that consumers do not continue to be ripped off.
However, of course, I beg leave to withdraw the amendment.