Credit Unions

Lord Elystan-Morgan Excerpts

Thursday 13th December 2012 Lords Chamber

[Lord Elystan-Morgan]

My Lords, I am grateful to be allowed to speak very shortly in the gap. It was only late yesterday that I realised that I would be able to be in London today.

I applaud and admire the noble Lord, Lord Kennedy, for his sterling efforts, not only today but over the years, in relation to this particular aspect. I accept that it is only credit unions, or some development along very similar lines, that can solve the problem that is a burden for so many of our fellow countrymen. Millions of people in desperate economic conditions suffer the tyrannies of what is euphemistically called the sub-prime credit market. They are not there because they want to be but because the harsh conditions of their life have left them no options.

However, they are not without a shield; that is my point. The Consumer Credit Act 1974 was replaced by the Consumer Credit Act 2006, which extended its provisions and made them much more prevalent. The Act allows a judge in a civil court, whenever it is believed that a borrower has been unfairly dealt with, to intervene substantially and radically in relation to the contract. The judge can do so if he is of the view that the terms of the contract were less than fair, or that the way in which the creditor has acted was less than fair in all circumstances. On the face of it, that could bring about a virtual nemesis of the tyranny exercised by so many creditors in this regard. Even the best of them profit from a situation where there is a huge imbalance of status between creditor and debtor.

Unfortunately, very little use seems to have been made of that legislation. My brief appeal today is that this shield that can protect so many of our fellow countrymen in the years in which we will develop what I trust will be a very wholesome credit union situation, comparable with that in North America, the Republic of Ireland and Australasia, is used to ensure that those people are not left without protection. Society can do a great deal to allow these people to know that they have basic, fundamental rights under the Act of 2006. I would like to see the Judicial Studies Board of every circuit in England and Wales propagate the need for judges to give the fullest possible commitment on this matter, so that justice can be done to a limited degree in the short term for those people who so need it in this context.