Seema Malhotra
Main Page: Seema Malhotra (Labour (Co-op) - Feltham and Heston)Department Debates - View all Seema Malhotra's debates with the HM Treasury
(1 year, 1 month ago)
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I beg to move,
That this House has considered mortgage prisoners.
It is good to see you in the Chair, Mr Robertson. I want to begin this vital debate with something of a confession: like most Members, I did not know too much about mortgage prisoners until just a couple of weeks ago. While I understand that many here today will have been working away on the issue for a while and may be members of the all-party groups, I am still in a state of astonishment and, frankly, anger that the situation happened in the first place and has been perpetuated, I have to say, by successive British Governments.
While it may be convenient to lay these problems at the current tired Government’s door—I hope the Minister will take that in the way it is meant—many of the disastrous decisions that brought this about took place under the previous Labour Government and have simply been rolled over in more than a decade of what seems like unbearable mental torture for those who are stuck in this predicament.
Let me thank my constituent Chris Dorman from Duntocher for allowing me to bring this issue before the House and for agreeing to share their story and that of their family so publicly. I am only sorry that in instances like this, we as MPs so often find it difficult to address historic injustices and can only highlight them and hope that the Government of the day will listen.
Before I tell Chris’s story, I want to be clear at the outset about the questions to which I would like answers from the Minister. I think we now need to also ask the shadow Minister, the hon. Member for Ealing North (James Murray), to consider them. Can we have a moratorium on evictions for mortgage prisoners? Can we put a cap on the standard variable rates being offered to victims? Will the Government—and, I hope, the official Opposition—pledge to set up a vehicle to work cross-party for those in closed-book prisons to pivot back into the mainstream market? Those are three fairly straightforward asks, to which the Minister can now take over an hour to find an answer; I may go on for some time. I know that those watching at home, including Chris and his family, will really appreciate an answer.
I thank the hon. Member for securing the debate, and as the founder and co-chair of the all-party parliamentary group on mortgage prisoners I thank him for the work he is doing on the issue. The last Labour Government introduced a consultation to ensure that there was some protection for people when mortgages were sold on, and those measures were pulled away when the Conservatives came into power. Does he agree that we need to go back to those considerations? I support what he said about the cap on SVRs—the APPG has been calling for a cap of 2% above the base rate.
I thank the hon. Member for that intervention. I will go on to the history of some of this. I hope that the APPG agrees not only about a cap on the standard variable rate, but about the other two issues I highlighted. I would be happy to work with the all-party group in future.
Let me turn to my constituent Chris Dorman. I have known Chris and his family over many years, especially his mum Rose, who was and remains to this day a legend in the history of my home town, Clydebank—a working-class history that is so seldom related or reflected in a place such as this. She was one of the founding members of the first credit union in Scotland, the Dalmuir Credit Union, helping countless families just like the one I grew up in. I was member 507; that takes me back some time.
That is relevant—and I hope the Minister will understand this—because we need to begin any discussion about mortgage prisoners with the firm rebuttal of any idea that these people are bad borrowers who are to blame for their own predicament. Chris comes from a family who know how mortgages work and how people should go about choosing a lender and a product that will not cause problems for them or their family in future scenarios. When he took out the mortgage with Northern Rock in 2003 to buy a flat, I do not doubt that he would have kicked the tyres of the agreement and known where to look for potential pitfalls. Of course, he would not have found any.
Northern Rock was a triple A lender, one of the largest lenders in the country and a fast-growing national presence that still had its roots in the north-east of England. I know about this because I got my first mortgage with Northern Rock at around the same time—and believe me, this is the point where I start to think, “There but for the grace of God go I.” I do not think it will be the last time in this debate when that is my overriding emotion.
In 2007, as Northern Rock crumbled in the bank run that heralded the next year’s financial crash, Chris was forced on to an interest-only plan. Although for many people switching to an interest-only payment is a stopgap because of short-term financial circumstances, for people in Chris’s position it has been the beginning of their problems. That entirely understandable decision has rendered them unable to change their lender, as many of us do these days, and move to a more attractive rate.
Instead, through the actions of the now nationalised Northern Rock, Chris was flung to the mercy of a standard variable rate that began to diverge significantly from the Bank of England’s average SVR. The decision was quite deliberate. During a period when we were all dealing with the most significant global recession for decades, people like Chris were having to come to terms with that extra dollop of uncertainty. They probably did not know it at the time, but what would initially have felt like a short-term inconvenience was turning into an actual prison, even if there were already some organisations sounding the alarm.
Like so many, and some of our own constituents, Chris was forced to persist with an entirely inconvenient and increasingly costly arrangement and unable to switch to a better deal, making a mockery of the idea of home ownership and the free market being liberating for individuals and families. Through the last decade he has been paying the 6% or 7% interest rates that many of us now complain of today.
This is where we begin to see a bit of the societal impact of the policy. The village of Duntocher, where Chris lives, is a fairly normal part of my constituency socioeconomically. It has poverty and wealth; it is not the wealthiest part of West Dunbartonshire. It is a community—it was an ancient Roman site and then a mill town that predates Clydebank itself—that has a lot of small locally owned businesses, which would have benefited from the thousands of pounds each year that Chris and his family were overpaying on their mortgage.
Let us not forget that for well over a decade the UK Government were the ultimate holders of that mortgage, through UK Asset Resolution. I can imagine myself thinking that the Government would not do anything so deliberately to harm the hundreds of thousands of UK residents in this position and that a sensible resolution would eventually be found. As we will see, there were numerous attempts to address the issue through the various Conservative Governments we have lived through so far. It was not a purgatory before things got better. They were about to get worse.
In 2019, UKAR sold a tranche of books, including Chris’s, to a company called Heliodor. He had never heard of it, and with good reason, because it is an entity that neither I nor any of us here could borrow from. It is a vehicle that exists solely to serve the existing Northern Rock mortgages. Although it operates in a regulated market, Heliodor’s ultimate owner, Topaz Finance Ltd, is not a regulated entity and relies on third-party administrators who are regulated by the Financial Conduct Authority in order to comply with its regulations.
However, and significantly in Chris’s case, as Kath Scanlon et al’s report from the London School of Economics points out, the setting of SVRs is not a regulated activity, meaning that a business opportunity for morally ambivalent vulture funds such as Topaz has been created, and people—our constituents—are offered up as hosts for a parasite.
Despite never having fallen behind on his payments, Chris found himself subject to a host of fees and other spurious admin charges. Incredibly, the principal he owed rose by almost £10,000 in a few short years, with no additional lending being offered. That pushed Chris into negative equity, as the amount he owed Heliodor became greater than the value of the flat he shares with his wife.
It is a pleasure to speak under your chairship, Mr Robertson. I thank the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) for securing the debate, and for his powerful opening speech on the issues faced by mortgage prisoners.
I also thank my constituent Mr Masood, who is a mortgage prisoner and who brought this issue to my attention five years ago. That led to the founding of the all-party parliamentary group on mortgage prisoners. He is one example of someone affected by the issue, and I know that other Members will have similar constituents. Their experiences will be reflected in those of many in the UK Mortgage Prisoners Facebook group—people whose families have paid the price for the situation facing mortgage prisoners. They have made huge sacrifices of their family income and their health just to try to stay in their home, a battle that seems to get harder and harder.
This debate is about mortgage prisoners, but it comes in the context of a much wider difficulty facing mortgage holders across the country as a result of the challenges in the economy, and the mismanagement of our economy over 13 years of cumulative failure and reduced resilience. That was certainly compounded by the mini-Budget last September, which saw the cost of borrowing rocket for Government, local government and households. My constituents are looking at a £4,000-plus increase in their mortgage payments this year on average.
I thank the Minister for meeting me, people from the Mortgage Prisoners Facebook group, and colleagues from the all-party parliamentary group relatively recently. That was important. We were discussing the LSE report, which Ministers have written to me about. I have concerns about the gaps in the letter I received on 13 June. Martin Lewis described mortgage prisoners as
“the forgotten victims of the financial crash”.
I am co-chair of the all-party parliamentary group, and we have heard from many mortgage prisoners about the sheer desperation of their situation, the harm caused by high interest rates, and the Government’s ongoing policy failures. I am concerned that Government and FCA policy are directly contributing to ongoing harm to mortgage prisoners.
When the Government sold the Northern Rock and Bradford & Bingley mortgages, they could have sold them to active lenders that would have offered mortgage prisoners new deals. UK Asset Resolution, however, told Lord McFall, the former Labour Chair of the Treasury Committee, that selling those loans would result in customers being offered new deals, extra lending and fixed rates. Whether or not that was in writing—I believe it should have been—that was the understanding when mortgages were sold on to Cerberus Capital Management and others. The requirement was not written into the contract when the loans were sold, and the vulture fund Cerberus, which bought the loans, refuses to offer customers new deals, extra lending and fixed rates.
The Government have sold the mortgages of mortgage prisoners to vulture funds and inactive lenders, which have exploited mortgage prisoners through high interest rates. FCA rules meant that for years, mortgage prisoners were told that they could not afford to pay less. That was not true. Despite having regulatory oversight of many of those funds, the FCA has refused to intervene and ensure that mortgage prisoners are treated fairly. The FCA allows banks to exploit mortgage prisoners by holding them in separately authorised subsidiaries and keeping them on higher rates.
The Co-operative Banking Group exploits mortgage prisoners in a subsidiary called Mortgage Agency Services Number Five Ltd. Barclays holds mortgage prisoners in its Kensington Mortgages subsidiary, and is pushing for repossession from mortgage prisoners, such as Gregston Clarke, a delivery driver from south London. Both the chief executive officer of Barclays and the FCA know all about that case, but nothing is being done to help.
It is clear that the FCA and Government interventions to date have not worked. I reference that because the Minister speaks about the modified affordability assessment in his letter of 13 June. In April 2021, when the Government rejected amendments, supported in the other place, that would have provided help for mortgage prisoners, they commissioned the FCA to review data on the impact of reforms designed to remove barriers by introducing a new voluntary modified affordability assessment test that lenders could apply. The APPG set up a solutions working group to try to make that new test work as well as possible, but it simply was not attracting the support needed from the market. We worked to ensure that there was an effective communication strategy, and to challenge the FCA on how it was taking that forward.
The FCA’s review confirmed that interventions have had only a tiny impact so far. Only 2,200 of the almost 200,000 mortgage prisoners have been able to switch. Lenders had limited appetite for offering options to switch using the modified affordability test, and only 200 borrowers have been directly helped to switch as a result of the changes. The FCA continues to claim that many mortgage prisoners should be able to switch, but it has not done nearly enough to understand why so many are still stuck. The turmoil in the mortgage market following the mini-Budget made things worse and removed some of the escape routes that could still have been available.
Immediate action is vital, as the situation for mortgage prisoners is getting worse every day. The APPG has highlighted over several years that there is no way for them to gain any certainty over their mortgage payments. The firms that owned and administered the mortgages, which are inactive lenders, have refused to offer mortgage prisoners fixed rates.
The Bank of England has now increased the base rate 13 consecutive times since December 2021. The SVR for Northern Rock was originally around 2% above the base rate. Now SVRs charged to mortgage prisoners are 4% above the base rate, or even higher. The standard variable rate charged by Landmark Mortgages is currently 8.64%, and it will go up to closer to 9% following the interest rate rise last week. Other mortgage prisoners are paying rates of 10% or 12%, which is unacceptable and utterly crippling. Lenders are taking advantage of trapped customers, but the FCA and the Government do not seem to be willing to do anything for those who are being hit harder than other mortgage holders because of the peculiar circumstances in which they are trapped.
I pay tribute to Rachel Neale, Jill and other volunteers in the UK Mortgage Prisoners Facebook group, who witness the harm being done to mortgage prisoners every day. These prisoners may be families who are suffering, unable to heat their homes. They may be cancer patients enduring very miserable final years. The volunteers witness their sheer desperation. They themselves are mortgage prisoners who may suffer from ill health, and they also worry about how they will make payments on their homes. They are on the frontline, and they are expected to support mortgage prisoners without any support to do so, all in their own time as volunteers. They witness people’s desperation as they face repossession caused by years of being exploited by inactive lenders. Some of those people have committed suicide, and others talk about committing suicide. It is particularly worrying that there is nothing to stop the mortgage prisoner problem getting worse. I pay tribute to those who are sitting in the Gallery, and I thank them for being here.
Anyone can find their mortgages sold on without their consent to an inactive lender, which could trap them on an SVR. The APPG has put forward proposals to cap standard variable rates for inactive lenders and require them to offer mortgage prisoners fixed rates. Those interventions would not affect the wider active market; they would be targeted at that particular set of mortgage prisoners because of their circumstances.
Martin Lewis has supported and co-funded research by LSE, which launched its report on 1 March at an event hosted by the all-party parliamentary group. At the launch, Martin Lewis said:
“People have been left in financial, physical and mental misery, exacerbated by the pandemic and cost of living crisis ripping through their already dire situations. When we put solutions to the Treasury in the past, it said it wanted to look at them, but couldn’t as they weren’t costed. Now, having fought tooth and nail to get some of the data needed from official institutions, it is costed. The Government has a moral and financial responsibility to mitigate some of the damage done.”
Almost four months later, the Government have yet to provide a response to the recommendations in the LSE report. Every month of delay causes more harm to mortgage prisoners.
I want to mention the Chancellor’s mortgage summit and the new mortgage charter, which was announced after the summit. It is important to note that lenders such as Landmark Mortgages, Heliodor Mortgages and Engaged Credit were not invited to the summit and—unless the Minister wants to correct me on this—have not signed up to the proposals that were discussed. We wrote to the Minister about the issue and asked for them to be invited to a meeting with the Chancellor. The new charter is voluntary, and there is still significant discretion for lenders. It is a far cry from the help now offered to all mortgage holders that was outlined last week by the shadow Chancellor, my right hon. Friend the Member for Leeds West (Rachel Reeves).
As the APPG has pointed out, large loopholes remain in the FCA guidance. Although it includes a lot of action that lenders may take, such as extending terms, switching rates and switching to interest-only mortgages, it does not require any help to be offered. Lenders such as Landmark Mortgages can continue to trap people on high standard variable rates and offer no help. There is nothing for those coming to the end of their interest-only mortgage term and facing repossession.
The FCA interventions on mortgage prisoners, to which the Government continue to refer in their correspondence and debates, have not reduced the detriment being caused, and the Chancellor’s mortgage summit provided no help for mortgage prisoners facing soaring SVRs. Mortgage prisoners are suffering hugely. It is an injustice, it is a scandal and it is getting worse for them every month. We need urgent action so that they are treated fairly and offered fixed rates. We need the Government to respond to the LSE report, to take responsibility and to work to deliver solutions that ensure fair treatment for all mortgage prisoners.
I agree. There is also a poverty premium that we need to discuss, which I will come to shortly.
As Rachel Neale from the UK Mortgage Prisoners campaign group has noted, their interest rates have gone from 4.5% all the way up to 9%, 9.5%, 10% and above. A number of these homeowners have been trapped—
I am grateful that Rachel Neale and others who are caught up in this situation and who are in the action group are here in the Gallery today. I hope they looked forward to this debate, and I hope that the Minister will be able to reassure them and give them solutions, as a result of the debate secured by my hon. Friend the Member for West Dunbartonshire.
To put the figures into perspective, someone with an interest-only loan of £120,000 managed by Landmark Mortgages would have seen their payments shoot up by £5,100 a year even before the latest interest rate rise, which was announced last week. This is one of the starkest examples of the poverty premium that I have referred to in answering my hon. Friend the Member for West Dunbartonshire. People who are unable to meet affordability criteria pay way over the odds for something for which people in better financial positions are charged much less. It is incredibly unfair that these individuals are paying the price for widespread irresponsible lending prior to 2008.
UK Mortgage Prisoners have highlighted the dire impact that being a mortgage prisoner has on people’s mental health. I will quote Rachel Neale again:
“We have had people openly put on the [Facebook] group that they want to commit suicide if this rate rise happens because they have nowhere to go. It’s devastating—families are in impoverished situations, they’re facing homelessness.”
That is the seriousness of the situation.
In 2020, UK Mortgage Prisoners carried out a survey among mortgage prisoners and found that 3% had contemplated suicide as a result of their situation. It is not unreasonable to assume that that already high figure will likely have increased during the current crisis.
The UK Government must finally take steps to support mortgage prisoners and enable them to re-mortgage with active lenders. The London School of Economics report on mortgage prisoners includes indicative costings, as requested by the Government. The report sets out a range of solutions for helping mortgage prisoners to be able to re-mortgage with active lenders, including free comprehensive financial advice for all mortgage prisoners, which is required for any borrower who might go on to access other solutions; interest-free equity loans to clear the unsecured element of Northern Rock’s “Together” loans; Government equity loans that are interest-free for the first five years on the model of help to buy; and a fall-back option of a Government guarantee for active lenders to offer prisoners new mortgages.
It is estimated that those solutions could cost between £50 million and £348 million over 10 years, depending on take-up. While the overall outlay would be between £370 million to £2.7 billion, that is reduced to £50 million to £347 million net as the Government would hold some equity loans themselves.
The Government have a moral duty to act to support mortgage prisoners, because being in that position has a devastating impact on individuals, and because the UK Government made a surplus of £2.4 billion from the sale of the mortgage books, according to the London School of Economics report. It is an indictment of the UK Government that they have left it to an individual campaigner, Martin Lewis, to fund the study, despite being fully aware of the utter misery caused by the situation facing financial prisoners. Now that campaigners in the LSE have done the hard work and presented the UK Government with fully costed plans that meet their criteria, the very least they could do is to take the steps needed to bring those plans into action.
I will close with a quote from Rachel Neale from the group:
“The severe harm already endured for over a decade, compounded now by 10 consecutive rate rises, means time is not a currency mortgage prisoners have. The proposed solutions need to be considered in detail, and urgent action is required now before more homes and lives are lost.”
I look forward to the Minister’s response to that contribution.
I was just starting, but I will try to address the points that Members have made in the debate, including those made by the hon. Gentleman.
The Government and I recognise the anxiety that people in general have about mortgages, and we will use the tools at our disposal to limit the rise in rates. I will leave the general points and address the specifics about what we are debating today. We spent a lot of parliamentary time yesterday debating the new mortgage charter, but this is clearly a different debate—about those who have been in this situation for a long time, such as the hon. Gentleman’s constituent Chris and the constituents in Feltham and Heston and North Norfolk.
Before the Minister moves on to the specifics, I want to make a general point. I thank him for his words about the work of the all-party parliamentary group and the UK Mortgage Prisoners group. We want to ensure that we get a solution—this is all about getting a solution to a challenge that has been intractable. Our strong belief is that more can be done, and it will take the Government to step forward and be bold about getting a solution, working with the regulator, which also needs to step up to the plate.
I hear the hon. Gentleman. As I say, one of the ways to explore solutions is, I would counsel, to look at the individual circumstances and see what remedies, if any, there are, based on particular cohorts.
I thank the Minister for giving way again. I want to make two points. First, it is important to recognise, as the APPG has, that there will need to be longer-term solutions, but there also need to be short-term measures to deal with the situation specifically for mortgage prisoners among other mortgage holders.
Secondly, it is important not to characterise mortgage prisoners as people who have fallen on hard times. These are nurses, teachers and people in all professions. It is the circumstances of the mortgages and how they have been sold on that has been the issue. They have done nothing wrong, and they have not fallen on hard times. This is about the lack of support and protection of the terms on which they bought those mortgages, which were then taken away when the mortgages were sold on.
That is fully understood. This is not about any attribution of fault. It is about looking at what the FCA found and the LSE report, which I have read and studied, did not disagree with: that there are a number of different cohorts within this broader category. As we seek solutions, sometimes we might find more illustration by looking at individual fact patterns. The hon. Lady mentioned the modified affordability assessment, which was one attempt to move forward. She observed, rightly, that it helped a relatively limited number of people, and we should try to learn from that. There was an inertia among some, and many mortgage prisoners were contacted, but many fewer engaged in that process.
The Government have consistently committed ourselves, and I am committed, to looking for practical and proportionate options where we can deliver genuine benefits for groups of borrowers, and we are committed to looking at where such interventions would be fair. It is the role of Government to try to ensure fairness and parity across different groups in society, although—while I hear what has been said about the circumstances people are in—we cannot simply solve the problem if somebody is, for example, on an interest-only mortgage but there is no plan in place to repay the principal. That is not confined simply to borrowers on inactive mortgage books, as, sadly, it happens across the market, but we want to ensure that there is the maximum number of options to switch and that all those who might want to switch are aware of the options. There is an awareness issue, as well as the specific problems that people face in the switching process.
Let me address the points raised by the hon. Member for West Dunbartonshire. We heard about the idea of a cap on the standard variable rate for mortgage prisoners. I do not want to repeat all the arguments at length, but that would be a one-size-fits-all solution. It is not, in the view of the Government, appropriate to do that, and I do not want to create a false expectation.
On a moratorium on evictions, there are already well developed pre-action protocols. The remit of the Financial Ombudsman Service does apply, with other remedies behind that. The fact that inactive lenders are not regulated in the same way as active lenders by the FCA does not in any way mean that the remedies available through the FOS are not available. I am happy to work with the FOS to ensure that that point is understood, and to learn from it the data that it has, such as the number of people who have petitioned and sought its support on the issue. Perhaps in some cases that might offer a potential remedy.
Even the LSE’s earlier report of November 2022 argued against the introduction of a standard variable cap, for some of the reasons that we have talked about. The Government have to be evidence-based. The LSE report of March 2023 did talk about free, comprehensive financial advice. Again, that reflects the bespoke nature of some of the problems, and potentially some of the routes forward for individuals. The Government provide significant independent financial advice that is free at the point of use through the Money and Pensions Service. The overall budget for that is £93 million.
I am interested in hearing, perhaps through the all-party parliamentary group, mortgage prisoners’ experience of accessing that financial advice. That was the No. 1 recommendation of the LSE, and that experience could shed more light and data on the subject. I am happy to explore that with hon. Members and, if necessary, convene a meeting with the Money and Pensions Service, or with individualised debt advice charities, to see how we could try to scale that solution.
Very briefly. We would be happy to share that experience and to have the voice of the mortgage prisoners group heard. There is a slight concern that this is seen as the problem of the mortgage prisoners. They are very aware of their situation, and they had sought all sorts of advice. It would be helpful to share that experience and the work we have done with the FOS, which might be constructive with respect to how we move forward.
I thank the hon. Lady for that constructive intervention. Again, I am committed to working with all comers as we try to find solutions that will help to move the situation forward. I understand the distress that people find themselves in. Whatever the situation was before, I understand that in an environment of rising rates people will feel the effects much more acutely, so I commit to work on that.
I want to fully address all the questions asked by the hon. Member for West Dunbartonshire. We have talked about the moratorium on evictions, and the existing legal framework applies in that space. A global cap on the standard variable rate is not the right or appropriate answer. In terms of working on a specific vehicle for those in closed books, again, I would rather work with the data and look at individual cohorts. As hon. Members have observed, a significant number of the so-called mortgage prisoners are now approaching the end, the maturity—the point at which the question is not necessarily about switching but about how to redeem or repay the capital or look at alternatives at the end of the process. That is one example of why a simple, single-point vehicle would not be the right answer.
We will continue to work with everybody who has expertise in this space, including those who have done work as part of the LSE report. We have to reconcile that duty with others who face similar circumstances, but perhaps are not in this particular category.
I have not responded to some of the more party political points, but I want to make sure that people feel the debate has been constructive and that they are being listened to. We will continue the dialogue and engagement to try to bring forward solutions where we can. We need to work with industry and the Financial Conduct Authority, which is the regulator. I have mentioned the potential role for the Money and Pensions Service. We will continue to try to find solutions that would defuse some of the deleterious impact on people and get more people the ability to switch. No one has ever been explicitly prohibited from switching, but I understand that one of the unintended consequences of regulation has been that in some cases people have been prevented from shopping around in the market, as other constituents can.
Finally, from a broader economy perspective, we will continue to do everything we can to bear down on inflation and interest rates, and we hope to get as quickly as possible back to an environment where rates are not rising. I thank the hon. Member for West Dunbartonshire for securing this debate today.