Financial Services Bill

Lord Stevenson of Balmacara Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Thursday 28th January 2021 Lords Chamber

[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, I declare an interest as a former chair of StepChange Debt Charity.

I congratulate the noble Lord, Lord Hammond of Runnymede, on his maiden speech. In your Lordships’ House we do a good line in former Chancellors of the Exchequer; in normal times, when the House is sitting on a regular basis, there is almost a full Bench of them. He joins an exalted group, and I am sure he will quickly make his mark, even among that competition.

I will focus on Parts 6 and 7. I echo the noble Baroness, Lady Coussins, and the noble Lords, Lord Davies and Lord Holmes, in welcoming these proposals. I want also to raise the specific issue of high-cost credit, which the Government should stamp out.

Clause 34 amends Sections 6 and 7 of the FGC Act. I participated in the debates on that Act a few years ago. We welcome the clause, which will, as the noble Baroness, Lady Coussins, said, compel creditors—including all public sector creditors—to accept amended repayment terms, provide for a charging mechanism for debt advice, and underpin the instruction of the Statutory Debt Repayment Plan. But the Bill is short on detail. We hope to take this further in Committee. We assume and hope that the scheme will be modelled on the successful Scottish scheme.

More details will be needed in Committee about the timetable. Debt respite, which is being introduced in May, and debt repayment should go together. How are the powers to be framed and what role will Parliament have? What will be the arrangements for creditor agreements and the veto, if any, on the quantum of payments? Should there be a wider reform of debt collection practices, particularly the use of bailiffs by local government? The noble Lord, Lord Holmes of Richmond, raised this.

Clause 35 deals with successor accounts to Help to Save and inserts a new clause into the Savings (Government Contributions) Act 2017. This will provide regulation-making powers in respect of orphan funds or where no instructions have been provided to the director of savings. Although the Government sensibly propose to take powers for this eventuality, there are currently no plans to implement them. Why not? What circumstances would trigger action? We can return to this in Committee.

My other area of interest is in repealing the Victorian bills of sale legislation, which permits an egregious area of high-cost credit to continue and flourish. For those who are not aware of them, bills of sale are a way that individuals can use goods they already own as security for loans while retaining possession of them. The use of bills of sale has grown from fewer than 3,000 in 2001 to more than 30,000 in 2016. The numbers have dropped recently, but are probably in the order of 15,000 a year. They are mainly used for what are called “logbook loans”, where a borrower grants security over their vehicle. Borrowers may continue to use their vehicle while they keep up the repayments but, if they default, the vehicle can be repossessed without the protections that apply to hire purchase transactions and very few consumer credit concerns.

Bills of sale are currently governed by two Victorian statutes, the Bills of Sale Acts of 1878 and 1882. This legislation is archaic and wholly unsuited to the 21st century. In September 2014, HM Treasury asked the Law Commission to review the bills of sale legislation and to make recommendations for reform. A consultation paper was issued and a report was published in September 2016. In February 2017, the Government asked the Law Commission to draft legislation to implement its recommendations. These plans have now been shelved. Lenders and consumer groups agree that the law is in urgent need of reform. The current law creates hardship for borrowers and private purchasers. It imposes unnecessary burdens on lenders and restricts access to finance for unincorporated businesses and high net worth individuals.

The great majority of bills are issued for logbook loans, often taken out by borrowers who have difficulty in accessing other forms of credit. These borrowers are particularly vulnerable to inadequacies in the existing law. To make this clearer: the current APR in a recent advertisement for a car logbook loan was 450%.

The Law Commission says that the statutory form for a bill of sale, as set out in the 1882 Act, confuses borrowers rather than helps them to understand the consequences. The bills of sale Act provides only minimal protection to borrowers, and their goods can be repossessed if they default. The FCA has rules about this and logbook lenders must have policies to deal with default, but lenders differ radically in their approach to repossession. There have been complaints that some lenders use threats of repossession to demand unreasonable and unaffordable sums.

This is an area that should be cleaned up. Action should be taken. A simple way would be simply to repeal the Acts that I have mentioned and I will bring forward amendments in Committee to do that.