Consumer Rights Bill

Lindsay Hoyle Excerpts

Tuesday 13th May 2014 Commons Chamber

[Stella Creasy]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

New clause 7—Debt management plan regulation—

‘The Financial Conduct Authority shall bring forward recommendations within a year of the commencement of this Act regarding the practice of directly charging consumers fees or charges for the provision of debt management plans, including recommendations on the phasing out of such practices.’.

New clause 9—Credit broker fees—

‘(1) The Consumer Credit Act 1974 is amended as follows.

(2) In section 160A (Credit intermediaries) after subsection (4) insert—

“(4A) Persons engaged in credit intermediary activity under this section or credit broking activity under section 145 shall not charge or take any fee from a debtor in respect of these activities until such time as an introduction results in the debtor entering into a relevant agreement.”.’.

New clause 11—Practices of rent to own companies—

‘(1) This section applies to credit agreements and consumer hire agreements taken out in respect of household goods specified in rules by the Financial Conduct Authority.

(2) The rules under subsection (1) shall—

(a) include a requirement on lenders to include in pre-contractual information adequate explanations and information allowing prospective customers to compare both the cash price of goods and the total cost of the credit agreement to a representative retail price for those goods;

(b) prohibit lenders from requiring customers to take out insurance sold or brokered by the lender as a condition of obtaining credit;

(c) set out specific steps lenders must take before taking action to enforce the agreement or recover possession of goods; and

(d) set out the steps lenders should take to check that the agreement is affordable and suitable for prospective consumers.’.

New clause 23—Consumer credit: bill of sale—

‘(1) Where a person is a purchaser of goods subject to a bill of sale, made in connection with a regulated agreement under the Consumer Credit Act 1974, in good faith and without notice of the bill of sale, title to those goods shall pass to that person.

(2) A creditor is not entitled to enforce a bill of sale made in connection with a regulated agreement by recovering possession of the goods except through an order of the court.

(3) If goods are recovered by the creditor in contravention to subsection (2)—

(a) the bill of sale will be treated as invalidly made; and

(b) the debtor shall be released from any outstanding liability under the regulated agreement.

(4) If the creditor has disposed of goods taken in contravention of subsection (2) the debtor shall be compensated to the value of those goods.’.

[Stella Creasy]

The new clauses lie at the heart of consumer issues: if consumers have no money in their pockets, they will not do very much consuming. A personal debt crisis is brewing because millions of people are trying to make ends meet and pay for the debt they took on to try to make ends meet previously. Household debt is at its highest since 2009, with people owing £1.6 trillion in personal debt. Some 43% of us say that we often or sometimes struggle to make it to payday—little wonder, given the way in which the cost of living has escalated. The new clauses come into play because debt repayment is increasingly the reason that people struggle to make it to payday. They reflect an attempt not to continue the good work that has been done in this House to address the consumer credit market, but to recognise that the Government’s belated conversion to the Opposition’s approach on payday lending needs to be just the start of the conversation on how we ensure that people have the pounds in the pocket they need. This is intrinsic to our economic future, given that consumer spending has accounted for so much of the growth we are now seeing. That, in itself, is perhaps one of the problems we face.

Let me explain the new clauses I wish to speak to today, because I know that other Members want to speak to the new clauses they propose. New clause 6 concerns what Members might call my bête noir—payday lenders. There are now 8 million loans annually, which are worth £2.2 billion. Those loans come with a cost. The National Audit Office estimates that they cost consumers £450 million a year of direct consumer harm, because of the failure to regulate the payday lending industry. For several years we proposed regulation of the industry, but it will come in only next year.

One in 10 British adults are likely to take out a payday loan in the next six months. That figure is going up, not down. It is little wonder that companies such as Wonga are making £1 million a week from our constituents—a 36% increase on the previous year—even though it is writing off huge swathes of its loan book. Some 40% of those who took out a payday loan said that it made their financial position worse, but many feel that they have little alternative. Credit unions are desperately trying to fill the gap, but it is an impossible gap to fill with the current level of need. It is time for payday lenders to pay their way. New clause 6 would enable an additional levy to be made on high cost credit companies to ensure that they provide funding for the debt advice and extension of credit unions that this situation requires. In fact, we believe the pressure on debt advice agencies and, indeed, credit unions is likely to increase, not subside, in the years ahead. We therefore think it time for the payday lenders to pay for the damage they have done.

New clause 7 also speaks to the growing personal debt bubble in our society, and to the conduct of the cowboy debt management agencies. We have already talked about legal loan sharks, and now it is time to look at the cowboys, but these are not just the stuff of nightmare. These companies are profiting from the misery of our constituents, exploiting the way in which debt management is done in this country.

The Government themselves admit that in excess of 1 million consumers each year are seeking advice on how best to deal with their financial difficulties. Many of us will know from our constituency surgeries the people who come to us in desperate need, often because they are about to be evicted for falling behind with their rent. We also encounter people who are struggling financially and who need help forming a debt management plan to deal with their creditors. That is the gap that these companies have filled.

About 7% of British adults report struggling to payday due to debt management payment plans, and 6% blame their payday loan problems on debt repayments. Bank loan repayments are the cause of 13% of those who struggle to payday. People are struggling because they are trying to pay back the debts they have accrued, especially over the last couple of years. It equates to about 2.5 million people that we know of who are already in a debt management plan.

Some debt management plans are available free, and I pay tribute to organisations such as Christians Against Poverty and StepChange for the work they are doing in providing people with free debt advice. After all, it is the most perverse of experiences for people struggling with financial debt to be charged to get out of the hole they are in. That is the challenge we are facing. It was estimated in 2010 that commercial debt management companies were making about £250 million a year from over-indebted clients. As I say, that was back in 2010. The Money Advice Service now tells us that there are 9 million people in our country who are over-indebted, so these are the people for whom these sorts of services may well be apposite. The need to reform how they work therefore becomes even stronger.

Ministers admitted in 2002 in response to questioning by the BIS Committee that there was evidence of some abuse of upfront fees, so let us talk about what is meant by that. We have an example from Clear View Finance of a gentleman for whom 90% of the money he was paying to the company was being taken in a fee, so a mere 10% of the money he was paying to clear his debts was going to his creditors—little chance for him to get out of the cycle of debt he was in any time soon! Yet when the Minister admitted that there was such abuse, he said that these companies had a role to play, so there was not really any need for any further regulation of them. We disagree, and we were disappointed when the Government voted in Committee against our proposals to deal with debt management companies.

We recognise that the Financial Conduct Authority has taken over the management of these companies, and it proudly trumpets that it is going to limit to 50% the amount a company can take in fees rather than pay out to creditors. We believe that we should go much further. We do not believe that people should be charged for being in debt when they come forward for help, and we want to see the phasing out of fees for debt management altogether.

Let me provide an example of why that would make a difference. StepChange, which provides this service for free, found that a client with a typical debt of £30,000 would have to pay for a commercial product almost an extra £6,000 in fees—£6,000 over and above the loan repayments. That extended the plan by approximately 18 months in comparison with one that StepChange had put together.

Taken in concert with new clause 6, which would provide the funding to increase debt advice, we believe that we can phase out fees for debt management, and we believe that that is the right thing to do—not to charge people for getting into debt, but to help them get out of debt. As millions of Britons are already in this cycle and millions more are likely to get into it as interest rates rise and they have increasing problems with their credit card and personal debt repayments coming home to roost, the case for reforming our debt management cowboy firms grows all the stronger.

Finally, new clause 23 speaks to another legal loan sharking practice in this country, which we believe is long overdue for overhauling. Citizens Advice chief executive Gillian Guy has said:

“The logbook industry is still in the dark ages and has been getting away with lawless practices. It is absolutely absurd that a firm should be able to take away someone’s possessions without any due legal process.”

Millions of people are affected, both those who take out logbook loans and those who buy a second-hand car without knowing that there is a charge against it, only to find that the car is being repossessed and that they have no recourse to any legal practice.

--- Later in debate ---

[Stella Creasy]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker]

With this it will be convenient to discuss the following:

New clause 12—Right to full refund: ticketed events—

‘An event organiser must issue a full cash refund where their tickets are returned to them up to 24 hours before the start of the event.’.

New clause 13—Goods to be as described: meat products—

‘(1) All products containing halal and kosher meat shall be labelled as such at the point of sale by retail and food outlets.

(2) A food outlet is anywhere where food is served to the public.’.

New clause 14—Communications services: change of service provider—

‘(1) Section 3 of the Communications Act 2003 is amended as follows.

(2) At the end of subsection (2)(b) insert “with a switching process that is led by the receiving communications service provider”.’.

New clause 15—Right to corrective action—

‘(1) This section applies if either—

(a) the responsible economic actor has identified that goods supplied present a health and safety risk to the consumer; or

(b) the appropriate authority has identified that goods supplied present a risk to the public safety; and

as a result, the product is subject to corrective action by either party (a “recall action”).

(2) The consumer has the right to expect that the responsible economic actor for any goods supplied subject to a recall action must take all reasonable steps to inform all persons affected, or likely to be affected by the safety risks from the goods, within the shortest period of time practicable.

(3) The consumer, if placed at risk by goods subject to a recall action, has the right to prompt and effective action by the economic actor of that product to ensure that—

(a) the defect posing a safety risk to any persons affected or likely to be affected is eliminated;

(b) the actions required to achieve (a) do not cause significant inconvenience to the consumer; and

(c) all costs associated with the recall action are borne by the responsible economic actor.

(4) The Secretary of State will periodically gather and make publicly available information relating to safety incidents caused by recalled goods, and estimates of how many such goods still remain unaccounted for.

(5) The effectiveness of recall actions, and the procedures in place to achieve successful recalls, will be the subject of periodic review by the Secretary of State, with reference to public information on recalls in subsection (4) and any other relevant data.

(6) The Secretary of State may create or designate a body to act as a consumer product safety and recall authority.

(7) The Secretary of State may by regulations provide for the authority to—

(a) act to protect the public from identifiable and unreasonable risks of injury, death or household risk from consumer products;

(b) review products, test products, or receive or commission reports from other competent persons;

(c) direct corrective action to be taken by relevant economic actors, regulators or authorities;

(d) ensure and direct forms of consumer registration, from purchase of products, with databases which will be conducive to optimal fulfilment of (a) and (c) above;

(e) require notification by economic actors, including manufacturers, brand suppliers or traders, of significant evidence of concern in respect of the consumer safety of relevant products; and

(f) provide for accessible, intelligible information and advice to be available to consumers and relevant economic actors in respect of product safety, corrective actions and other guidances relevant to the authority’s work.

(8) For the purposes of subsections (4), (5), (6) and (7), the Secretary of State must consult with—

(a) market regulators;

(b) relevant authorities; and

(c) any other bodies he thinks appropriate.

(9) For the purposes of this section “economic actor” means—

(a) a “trader” as defined in section 2(2); or

(b) a manufacturer of “goods” as defined in section 2(8).’.

This new clause would enable new provision to be made regarding recall actions where a level of consumer safety risk has been identified. It would allow the Secretary of State to review and add to arrangements for corrective action for the protection of consumer safety.

New clause 16—Secondary ticketing platforms: product and seller information—

‘(1) The Secretary of State shall issue guidance to all traders who operate as secondary ticketing platforms on the application of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

(2) Guidance issued under section (1) shall include how secondary ticketing platforms must inform consumers of—

(a) the chosen identity of the seller;

(b) the country of residence of the seller;

(c) information provided by previous buyers on the reliability of the seller and the tickets he has sold;

(d) information on any complaints made against the seller for failing to supply tickets;

(e) information on any complaints made against the seller for supplying fraudulent or invalidated tickets; and

(f) information on all other accounts currently or previously held with the secondary ticketing platform linked to the seller by virtue of personal, financial and contact information provided by them.

(3) Guidance issued under section (1) shall set out how information required under Part 2 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 shall be—

(a) accurate; and

(b) prominently displayed before a buyer is able to purchase.

(4) Guidance issued under section (1) shall set out how secondary ticketing platforms must disclose clearly if the seller of the ticket is—

(a) the secondary ticketing platform themselves;

(b) individuals employed by the secondary ticketing platform;

(c) other companies linked to employees, directors or shareholders of the secondary ticketing platform;

(d) the event organiser or an agent acting on their behalf; or

(e) any other party connected to the event organiser of the event.

(5) Guidance issued under section (1) shall set out the status of tickets as unique goods with distinct characteristics which would affect—

(a) the enjoyment of the good by the consumer;

(b) the use of the good by the consumer; or

(c) the inherent value of the good in questions.

(6) Where a ticket is sold through a secondary ticketing platform, guidance issued under section (1) shall set out how the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to tickets as unique goods, including—

(a) how sellers must provide all relevant information about the ticket including but not limited to the face value of the ticket and a designated seat or ticket number;

(b) how secondary ticketing platforms will publish all the information about a ticket provided by the seller in a prominent and clear way; and

(c) what sanctions will apply for failing to provide this information under the regulations.’.

New clause 17—Secondary ticketing platforms: fraudulent tickets—

‘(1) Where a secondary ticketing platform becomes aware that sellers using their service have acquired tickets through illegal methods, or are selling fraudulent tickets, they have a duty to report this to the relevant law enforcement agency immediately.

(2) A secondary ticketing platform must meet any lawful requests for information on sellers made by law enforcement agencies or courts.

(3) Where a law enforcement agency has notified a secondary ticketing platform that a ticket advertised through their service is, or is suspected to be, fraudulent, the secondary ticketing platform must remove that ticket and suspend the seller’s activities immediately.’.

New clause 18—Secondary ticketing platforms: seller profiles—

‘(1) Secondary ticketing platforms must provide a profile of information on sellers using their service.

(2) Profile information provided under subsection (1) must include, but is not limited to—

(a) the name of the seller;

(b) the country of residence of the seller;

(c) if the seller is a company or business, its registered number, if any;

(d) if the seller is a company or business, its registered office or address for service;

(e) a list of all current and past inventory sold or offered for sale by the seller;

(f) information on all other accounts currently or previously held with the secondary ticketing platform linked to the seller by virtue of personal, financial and contact information provided by him;

(g) information provided by previous buyers of the reliability of the seller and the tickets he has sold;

(h) information on any complaints made against the seller for failing to supply tickets, and the resolution of those complaints;

(i) the VAT registration number of the seller, if applicable; and

(j) information on any complaints made against the seller for supplying fraudulent or invalidated tickets, and the resolution of those complaints.

(3) Information provided under subsection (1) must be—

(a) accurate; and

(b) prominently displayed before a buyer is able to complete their purchase.

(4) Secondary ticketing platforms must disclose clearly and prominently where the seller of the ticket is—

(a) the secondary ticketing platform themselves;

(b) individuals employed by the secondary ticketing platform;

(c) other companies linked to employees, directors or shareholders of the secondary ticketing platform;

(d) the event organiser or an agent acting on their behalf; or

(e) any other party connected to the organisation of the event.

(5) Where a seller offers for sale more than 20 tickets to the same event, the secondary ticketing platform must take reasonable steps to verify the validity of the tickets.’.

New clause 19—Secondary ticketing platforms: ticket information—

‘(1) Where a ticket is sold through a secondary ticketing platform—

(a) the seller must provide all relevant information about the ticket; and

(b) the secondary ticketing platform must publish all the information about a ticket provided by the seller in a prominent and clear way.

(2) Information to be requested by the secondary ticketing platform and provided by the seller for the purposes of subsection (1) should include, but is not limited to—

(a) the face value of the ticket;

(b) any age or other restrictions on the user of the ticket; and

(c) the designated block, row, seat or ticket number, where applicable.

(3) Where tickets are being resold in contravention of the terms and conditions agreed to by the original purchaser, this must be stated prominently by the secondary ticketing platform at every stage of the purchasing process.

(4) Information provided by virtue of this section must be—

(a) accurate; and

(b) prominently displayed before a buyer is able to complete their purchase.’.

New clause 20—Secondary ticketing platforms: compensation—

‘(1) Secondary ticketing platforms must reimburse reasonable costs to a buyer where a ticket sold through their service is fraudulent or invalidated.

(2) For the purposes of subsection (1), reasonable costs must include, but are not limited to—

(a) the price paid for the ticket by the buyer, inclusive of all service and delivery charges;

(b) all travel expenses incurred by the buyer in travelling from their place of residence to the location of the event for which they had purchased the ticket; and

(c) any accommodation expenses incurred by the buyer for the sole purpose of attending the event for which they had purchased the ticket.

(3) For the purposes of subsection (1), reasonable costs should be defined as a total amount not exceeding twice the total purchase price of the ticket or tickets in question, including all additional fees and taxes paid.

(4) Claims made by a buyer against a secondary ticketing platform under this section must be proven by receipts or other documentary proof.

(5) The secondary ticketing platform must settle any claims under this section within 40 working days, other than where a suspected fraud or abuse related to the transaction in question is the subject of an ongoing investigation by the relevant statutory authority.

(6) Secondary ticketing platforms are permitted to take all necessary action to recover any monies paid out to consumers under this section from the seller of the ticket.’.

New clause 21—Secondary ticketing platforms: definitions—

‘(1) A “secondary ticketing platform” means a person or company operating an internet-based facility for the resale of tickets to events including in the United Kingdom, regardless of the country in which the owner of the service is registered.

(2) A “ticket” means anything which purports to be a ticket, including any item, tangible or intangible, which grants the holder entry to an event.

(3) An “event” means any sporting, music or cultural activity taking place at a specified time and place for which tickets are issued and required for entry or attendance.

(4) An “event organiser” means the person or persons responsible for organising and holding an event and receiving the revenue from the event.

(5) A “fraudulent ticket” means a forged or duplicated ticket.

(6) An “invalidated ticket” means a ticket which has been cancelled by the event organiser, or an agent acting on their behalf, after being issued.’.

New clause 22—Prohibition of fees in contracts for services: letting of residential accommodation—

‘(1) The provisions in this section apply to a contract for a trader to supply a service in connection with the letting of a residential premises.

(2) Subject to the provisions of this section, any person who demands or accepts payment of any sum of money from a person (“P”) for services in connection with a contract for the letting of residential premises shall be guilty of an offence.

(3) For the purposes of subsection (2), P is any person—

(a) who seeks to enter a contract to let residential accommodation, or

(b) who has a tenancy of, or other right or permission to occupy, residential premises.

(4) For the purposes of subsection (2)—

“letting” shall include any service provided in connection with the advertisement or marketing of residential accommodation or with the grant or renewal of a tenancy;

“services shall —

(a) include, and are not limited to—

(i) the registration of persons seeking accommodation,

(ii) the selection of prospective occupiers, and

(iii) any work associated with the production or completion of written agreements or other relevant documents.

(b) not include credit checks of person seeking accommodation.

(5) Where a person unlawfully demands or accepts payment under this section in the course of his employment, the employer or principal of that person shall also be guilty of an offence.

(6) A person shall not be guilty of an offence under this section by reason of his demanding or accepting payment of rent or a tenancy deposit within the meaning of section 212(8) of the Housing Act 2004.

(7) A person shall not be guilty of an offence under this section by reason of his demanding or accepting a holding deposit.

(8) A “holding deposit” for the purposes of subsection (7) is—

(a) a sum of money demanded of or accepted from a person, in good faith for the purpose of giving priority to that person in relation to the letting of a specific property, which is to be credited towards the tenancy deposit or rent upon the grant of the tenancy of that property, and

(b) not greater than two weeks rent for the accommodation in question.

(9) Costs incurred by persons seeking accommodation for the undertaking of credit checks shall be reimbursed upon the signing of a tenancy agreement.

(10) In this section, any reference to the grant or renewal of a tenancy shall include the grant or renewal or continuance of a lease or licence of, or other right or permission to occupy, residential premises.

(11) In this section “rent” shall include any occupation charge under a licence.’.

Amendment 6, in clause 2, page 2, line 15, at end insert—

‘(3A) The Secretary of State may by order made by statutory instrument provide that those who represent businesses with fewer than 10 employees and are purchasing goods or services for use within their commercial activities will be considered consumers.’.

Government amendments 9 to 14.

Amendment 5, in clause 48, page 30, line 3, leave out from ‘(5)’ to ‘resolution’ and insert ‘may not be made unless a draft has been laid before and approved by’.

Government amendment 15.

Amendment 20, in clause 84,  page 43, line 14, at end insert—

‘(2A) Section [Prohibition of fees in contracts for services: letting of residential accommodation] extends only to England.’.