Contribution
I think we all agree with my hon. Friend’s important point.
I am concerned that the Government’s assessment appears to underestimate the true cost by assuming that historical cases are worth little more than average complaints, and by ignoring many complaints that firms will simply reject, without considering their merits, due to the application of the new time limit. I am very happy to share with the Minister more of my analysis of the implications and of what is in the impact assessment.
Secondly, the process of referral to the FCA could create a bureaucratic logjam, with firms incentivised to seek FCA rulings whenever a case looks likely to go against them, adding delay and administrative costs while allowing binding interpretations of the rules to be made without proper consultation. The referrals process should be reformed so that it is a rare occurrence, rather than the 1,000 to 3,000 referrals a year that the FCA expects will happen, which will cause delays as well as administrative costs and all the pain that that will entail. Proper consultation needs to be built in, so that the FCA gets full input from consumer groups before making binding decisions on what the new rules mean.
Thirdly, there are important questions about changes to the ombudsman’s fair and reasonable test, which could narrow the ability of the FOS to take account of industry codes and good practice, including protections that victims of economic and financial abuse rely on. If we want economic growth, we need consumers to save for retirement, take out insurance and engage confidently with long-term financial products. We need small businesses, like many of those across Feltham and Heston, to borrow and invest, and undermining trust in dispute resolution mechanisms risks undermining that confidence. Martin Lewis has warned that
“Restricting consumers’ access to free and fair redress is not a recipe for economic growth. Once consumers are warned about the erosion of their rights, it’s possible it will lead to disengagement from the financial services industry and diminishing trust.”
That is why we must look very closely at the proposals in order that we are confident that consumers will retain the necessary confidence in financial services.
Finally, in the last Parliament, the all-party parliamentary group on mortgage prisoners, which I co-chaired for a number of years following the experience of mortgage prisoners in Feltham and Heston, raised concerns that poor decision making at the FOS was leading to detriment for mortgage prisoners. In all honesty, no real progress was made. The situation is ongoing, as thousands of mortgage prisoners remain stuck and are suffering significant detriment. Many are still trapped on expensive variable rates with inactive lenders and are unable to switch to cheaper deals, so they are paying hundreds or thousands of pounds more each year and facing a far greater risk of losing their homes.
In 2024, the previous Prime Minister promised to get everyone around the table and ensure that this issue was properly addressed, but that has not yet happened. Mortgage prisoners remain trapped, and are paying higher interest rates to inactive lenders and vulture funds. They are told that they cannot pass affordability tests in order to pay less for their mortgage, and as the Bank of England increases interest rates following six cuts, there is nothing that vulnerable mortgage prisoners can do to gain any certainty on their payments. Many are former Northern Rock customers who are still experiencing severe harm because their loans were sold to inactive lenders by the previous Conservative Government. The London School of Economics report, funded by Martin Lewis, put forward solutions including improved access to financial advice, targeted equity loan schemes, and a Government-backed guarantee mechanism to help borrowers move back into the active market. I would be grateful to hear when the Government plan to respond in full to the proposals in the LSE report, and I would also be grateful for a meeting to discuss what more the Government can do to help mortgage prisoners.
I very much look forward to the Minister’s response and to working with colleagues from across the House on these reforms to make sure that, together, we can ensure the leadership and the fairness of our financial services sector, which is so renowned across the world.