The hon. Member for Dover (Charlie Elphicke), who will move the motion, may speak for up to 15 minutes. I advise other Members that I expect their speeches to last for around eight minutes.
That this House notes that the practice of selling mortgages and unregulated commercial loans to unregulated funds has been creating mortgage prisoners, exposes businesses to asset stripping and threatens to continue to create further mortgage prisoners and risks to businesses; is concerned that mortgage prisoners are being exploited by such unregulated funds by being kept on high standard variable interest rates and therefore denied the opportunity to take advantage of historically low interest rates or fix their mortgage interest payments to gain certainty over their mortgage payments; is further concerned that businesses continue to be exposed to asset stripping; further notes that many of those unregulated funds pay little or no UK tax while depriving citizens of opportunities and in many cases their homes; believes that HM Treasury should immediately require UK Asset Resolution to cease selling mortgages to any unregulated entity; considers that HM Treasury and the Bank of England should take all possible measures to ensure that mortgage prisoners are given access to new deals and fixed interest rates, and that banks cease discriminating against mortgage prisoners by offering them less favourable mortgage terms; further considers that the Government should expand the scope of FCA regulation to include all mortgages and all unregulated purchasers of mortgages; and calls on HM Treasury and the Bank of England to hold an urgent inquiry into the sale of mortgage and commercial debt by any financial institution to any unregulated entity, with the findings of such inquiry to be published.
I thank the Backbench Business Committee for agreeing to list this important debate. A number of Members have been unable to attend because they have been detained elsewhere, and that includes the hon. Members for Feltham and Heston (Seema Malhotra) and for Burnley (Julie Cooper), the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and my hon. Friend the Member for Worthing West (Sir Peter Bottomley).
I congratulate the hon. Gentleman on securing this debate. As he knows, those of us on the Treasury Committee have been working to get Ministers and the FCA to commit to reviewing the affordability test and changing it from an absolute test to a relative test. As he sets out very clearly, however, this is a much bigger problem that is going to affect thousands more mortgage holders, because the terms of operating for these companies is changing. The Government and the Minister should consider whether new legislation will be required to prevent these problems happening to many thousands more people under those changes.
I thank the hon. Lady for that powerful point. Like me, she is a member the Treasury Select Committee and has been pressing for us to explore this matter on the Committee in greater depth. She has been a true champion on behalf of mortgage prisoners. As the House can see, it is a subject that has crossed the political partisan divide to become an issue on which we need to work together collaboratively to provide a solution and resolution.
I congratulate the hon. Gentleman on securing this important debate. We do not always agree on issues, but we certainly agree on this one. He mentioned Cerberus. Constituents of mine, Mr and Mrs Neave, were subject to pretty appalling treatment at the hands of the Clydesdale Bank, which converted their loan into a totally inappropriate overdraft facility without their agreement or signing off on any papers. Then the Clydesdale Bank flogged it off to a Cerberus subsidiary, which has effectively bankrupted my constituents. Does he agree that when banks package up these debts without any permission from the debtors and then flog them off to vulture funds, they are effectively packaging up people’s lives and flogging them off, as they have done to my constituents, Mr and Mrs Neave?
The hon. and learned Lady makes a powerful point, and a slightly separate point, if I understand her correctly. I have been talking so far about mortgage prisoners. I think she is referencing small business borrowers, which is a separate issue on which I shall also be touching in this debate. It is a very important issue, because they, too, are vulnerable customers, in many cases, and need very similar protections to mortgage prisoners.
There has been some change on the matter of mortgage prisoners. The FCA launched a consultation in March and proposed changing the mortgage affordability rules for customers who are up to date with payments, but there is a shortcoming. Its proposals only give lenders the option to apply the modified assessment. It does not propose to introduce an obligation.
It is also welcome that in July last year UK Finance, the banks’ trade association, launched a voluntary agreement under which lenders committed to supporting existing mortgage prisoners to switch to an alternative product with their present lender, but that does not help people to switch from the vulture funds, and it does not seem to help Mr and Mrs Adams escape TSB’s Whistletree fund, even though they are with the same lender. I hope that the FCA consultation will address and enforce that and make sure that people are not left in that difficult position.
How can we free the mortgage prisoners? These mortgages were taken out many years ago, back in 2007—some even before that—well before the post-crash rules came in. These borrowers have proven their ability to pay for over a decade in making their payments. Why do we have a computer-driven affordability test that ignores the reality of the real world? We have to move beyond “computer says no” to “reality says yes”. These borrowers should be treated as grandfathered as regards the regulatory rules that came in later. Banks should be obliged by the FCA to take people on and treat them as grandfathered, be they existing customers or not, and the new mortgages should be permitted without any regulatory penalty for the bank they move to.
Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
The hon. Gentleman is making an excellent and forensic speech. He mentions Tesco Bank seeking to sell off its mortgage book. It is encouraging that since Members wrote to the bank—I understand that we have both written, as well as other colleagues—it has indicated it will look to sell it to a good lending bank, but is it not absurd that it is dependent on the good will of the bank selling the mortgage assets, rather than being copper-bottomed through regulation? We want that to be the norm, not just dependent on the bank itself.
The hon. Gentleman is absolutely right. He has long been deeply concerned about this issue, and he is right that it is better for the banks to sell to other regulated entities and that there ought to be an element of compulsion, which is why regulation needs to be considered.
The all-party group on fair business banking and finance has been looking at what can be done to protect small business borrowers. I hope that my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), the chair of the APPG, will address that point in greater detail because it is important. We need to make sure that there are protections against foreclosures and covenant-hunting through a financial services tribunal.
Capitalism is vital to the success of our economy and a cornerstone of our way of life, but it must be tempered by responsibility and fairness. We want people to work hard and enjoy success, but we will not tolerate people being taken advantage of. The purpose of this motion is to set the mortgage prisoners free, to protect small businesses from needless foreclosures, to ensure that we deliver fairness for all borrowers and recognise the massive contribution that they make to our economy, and to ensure that this country always puts the consumer interest before the corporate interest.
It is a great pleasure and privilege to follow the hon. Member for Dover (Charlie Elphicke). I congratulate him not only on his speech here today but on the ten-minute rule Bill that he brought forward, which has given oxygen to this situation. I also pay tribute to the work of my hon. Friend the Member for Feltham and Heston (Seema Malhotra), who is unable to be here today, and of the hon. Member for Thirsk and Malton (Kevin Hollinrake), who is in his place and who, with his all-party parliamentary group, has done a great deal to take this matter forward.
This is a situation where Members are drawn into a little-known and complex subject—certainly, as far as I was concerned it was a complex subject—by the real-life experiences of constituents, and that was how I got involved. One of my constituents—I shall refer to her situation shortly—wrote to me about this. In February we had the first mortgage prisoners roundtable, if I can put it that way, in the Jubilee Room; I was there, as were other hon. Members present. They were a very mixed group of people whose lives had been shattered by the process of being mortgage prisoners for anything up to six, seven, eight or nine years. It was clear from that occasion that what the Government, and indeed the FCA, had done so far was inadequate. I subsequently met my constituent and other mortgage customers from in and around the north-west and heard their stories as well. As a result, we now have an all-party parliamentary group specifically dedicated to this issue. The hon. Member for Thirsk and Malton has also been taking it forward with his fair business banking APPG.
I also pay tribute to and thank—we do not often do this, but we should when it is required—individuals in the media. Cat McShane brought this matter to people’s attention in a “Panorama” programme. Hilary Osborne has written about it in The Guardian. William Turvill did a very lively and forensic assessment of Cerberus in The Mail on Sunday. In the other place, my right hon. Friend Lord McFall has taken a very distinct interest, given his previous honourable role in this House as Chair of the Treasury Committee.
Everything that the hon. Member for Dover said about the way in which this process has gone forward without proper due diligence is true. An estimated £9 billion of Northern Rock mortgages remain with the Treasury, and any decision on their future will inevitably affect tens of thousands of customers. In my view, taken from whatever I have been able to glean from the numerous written questions that I have put to the Treasury, there has not been proper due diligence throughout this process. I will explain later why I think that has been the case.
In the Minister’s response to the hon. Gentleman’s question about why the loans were sold to an inactive lender, or a non-regulated entity, he said that no bids were received from an active lender. Would another option have been not to sell that debt at all, rather than to sell it to an inactive, unregulated lender that could not provide a service to the people who are subject to these loans?
Order. I suggest that Members stick to around eight minutes, because the people who will be punished will be those like your good self, Mr Hollinrake.
Gordon Marsden
I absolutely agree with the hon. Gentleman, and I pay tribute to what he has done.
Many of my constituents are affected by this and have come forward with heartbreaking stories. The person I mentioned at the beginning of my speech said:
“I have worked hard to pay off just under 6k over the last few years but it is heart breaking to think I have paid over 20k more had I been able to access other products.”
Another constituent said:
“We got a Northern Rock Together mortgage literally weeks before the banking crash… The mortgage is now with… NRAM. No arrears, making the repayments has been a struggle… but we’ve always managed… we borrowed over the equity in the house and since the decline in the housing market we are in negative equity.”
This is particularly problematic in northern and midlands areas where the property market has not recovered since the crash in the way it has elsewhere.
There is a moral duty for the Government to act. It was George Osborne’s “flog it” approach to Northern Rock loans in the first place that failed to provide the safeguards for people who were then put into a transfer lottery, with horrendous results. We need to have proper movement. We need to have a formal inquiry, now that we realise the extent of this cover-up. Why were Ministers not prepared to take that forward? The contrast between the way in which the Treasury has dealt with this and how other Departments have dealt with scandals such as the Primodos scandal is deafening. The FCA’s behaviour is as much use as a chocolate fireguard, and it is time that this Government and this Minister came clean about what they are going to do in practical terms.
I congratulate my hon. Friend the Member for Dover (Charlie Elphicke) on securing this debate and commend the work of the APPG on fair business banking, and in particular the work of my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake).
I have always had an interest in modernising the regulation of our banks. Indeed, in 2010 I introduced a private Member’s Bill—the Secured Lending Reform Bill—that sought to rectify a major deficiency in the law, which is that banks can currently repossess commercial property without even having to go to court to get a possession order. The power that our law grants lenders to repossess property is a rather extraordinary power that should be used lightly, and we should put in place protections for those who offer a lender a charge over their home or other property as a result of that lending. This debate also affects a type of secured lending: mortgages where the home is offered as security. I believe that people who offer their home as security should enjoy special privileges and rights.
I recently had a very sad case in my constituency that is relevant to the issue of mortgage prisoners. My constituent had taken out a mortgage in 2007 with North Yorkshire Mortgages. The circumstances behind that were not altogether happy. This gentleman needed to buy a new bungalow because his son had tragically suffered a sporting accident, and they needed a new property that he could access. His father was also ill, so there were many pressures on the family at that time. Tragically, his son passed away three years later. We all know that bereavement can be difficult, especially the loss of a child, and that affected my constituent’s ability to work at the same level, which affected the household income.
After the first five years, the promotional rate on this interest-only mortgage expired, and it reverted to the standard variable rate of 5.5%. That put pressure on the household finances even further, but when he approached North Yorkshire Mortgages about a switch to a more affordable product, he was told that he could not switch to an affordable product because his income was too low. As my hon. Friend the Member for Dover pointed out, as perverse outcomes of such regulations go, it does not get much worse than this. We are saying to people, “Your income is too low to be able to pay less, so instead we are going to sting you on the standard variable rate.”
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The reason for bringing this debate to the Chamber is that it is time for a new covenant to deliver fairness for borrowers—a deal that will set mortgage prisoners free. Who are the mortgage prisoners? They are the people who are trapped by changes in mortgage regulation. They are trapped in expensive mortgages, unable to remortgage to get a better deal. The rules say that they cannot afford payments on a mortgage of, say, 2% so they are forced to continue with a mortgage of 5% or more. It makes no sense at all. It is estimated that there are up to 200,000 mortgage prisoners in the United Kingdom today. Every one of those 200,000 families has a story to tell about how they struggle to get by, forced to keep up payments to keep a roof over their heads, often going without.
One of those is Charlotte’s family. Charlotte is 39 years old, and lives in the west midlands with her family. They took out a Northern Rock mortgage in 2007. In 2010, she had twins who suffer from a serious disability; both are wheelchair bound. The family have never missed a single mortgage payment, but they cannot remortgage due to the regulators’ affordability test—a test that came into effect after the financial crash and after she got her mortgage. She says,
“How can we not afford to pay less?”
Why does this matter to Charlotte and her family? If Charlotte had a better mortgage at a lower interest rate, she would be able to afford more therapies for her disabled children, rather than having to spend so much time crowdfunding from people whose good hearts help to provide the cash she needs to help her kids.
Charlotte is far from alone. Mr and Mrs Adams live in Bournemouth. They took out a Northern Rock mortgage in 2007 that is now owned by TSB’s Whistletree fund, to which the Treasury sold off their mortgage. Mr and Mrs Adams are trapped at a rate of 5%. TSB will not allow them to switch because it says that they are not TSB customers, but they cannot go elsewhere. They failed the regulators’ affordability tests for lower payments on their mortgage, even though they have made all their mortgage payments and their loan to value is just 62%. This has put terrible pressure on the family, causing them to suffer real illness from all the stress.
Mortgage prisoners live in fear of interest rates rising. The whole House knows that we have been living in a period during which interest rates have been very low for a very long time. That might change in the next couple of years. The whole House knows that we have seen an extended economic growth cycle—much longer than is normal—but that could also change in the next few years. That concerns Jayne, who is 50 years old.
Jayne took out a mortgage in 2007. She is on a five-year tracker at 0.5% above base rate, and her mortgage was sold to Cerberus by the Treasury. Cerberus is described in the popular press as a “hound from hell” vulture fund. Jayne is now paying nearly 5% interest on a variable rate and worries about what will happen if rates go up. She cannot go elsewhere because she is self-employed. Her income fluctuates, meaning that she fails the so-called affordability test to be able to have a new mortgage with lower payments, even though she has made all her mortgage payments and the loan to value in her case is just 50%. She is basically paying £4,000 a year more than she would be if she was not a mortgage prisoner.
These cases highlight the plight of Britain’s 200,000 mortgage prisoners, but what about the people who got them into this mess? All those I have referenced are Northern Rock customers. What has happened to Northern Rock’s old boss, Adam Applegarth? Has he been made to atone for his role in blighting the lives of thousands of people? No—not a bit of it. In fact, he got a £760,000 payoff in 2008 and is set to enjoy a £304,000 a year pension.
As I said, there are 200,000 mortgage prisoners. That number is incredibly high and threatens to become even higher. Despite the recent sales, the Treasury still holds £5.5 billion of mortgages for 35,000 customers. If these, too, are sold to unregulated funds, it could mean tens of thousands more mortgage borrowers stuck without hope of escape. On top of that, Tesco has been looking at what the Treasury has been doing and has now announced plans to sell its £3.7 million mortgage book, which would affect 23,000 customers, and it is understood that Metro Bank is considering following suit. If these books also go to unregulated funds, yet more borrowers could struggle to escape.
That is why it is important the Government now lend a helping hand, not a tin ear. The Treasury should not be selling mortgages to Cerberus or any other vulture fund without proper protection, and the regulators should be doing their bit to help free the mortgage prisoners.
The Treasury needs to take responsibility too. The Treasury’s UK asset resolution division has been selling off Northern Rock’s loan book to funds such as Cerberus. The instruction seems to have been to get the highest price at any price. Indeed, the head of UKAR, who is paid more than £650,000, recently boasted in The Times about how much it had managed to get for its loan books. His pay will rise to £823,000 next year if he completes the loan book sell-off. He is incentivised to achieve value for money not to consider the wider circumstances and necessary protections. I hope the Minister will address that in his remarks. There is real concern that the Government could be facilitating the creation of more mortgage prisoners.
When selling these books, the Treasury should be making sure there are the proper protections so that borrowers do not unfairly lose out. It claimed it did that in the case of Cerberus, but that turned out to have certain shortcomings—something I think the Treasury Select Committee should look into. It is wrong for the Treasury to pursue the highest amount of cash at the expense of vulnerable borrowers who have been placed in a worse position than otherwise would have been the case.
Moreover, if the Treasury is willing to sell mortgage books to vulture funds, what is to stop the likes of Tesco, Metro Bank and many others following that example? That is why we need to consider a wholesale ban on selling these mortgages to unregulated firms—full stop. The best way to achieve that is through the regulation of the whole industry. Regulating mortgages—all mortgages—will ensure that all customers are treated more fairly by mandating best practice in each and every case. That might mean that when books are sold off a little less is achieved because they cannot enjoy the fruits of regulatory arbitrage, but it will mean that vulnerable people get better protections and are more safely and carefully looked after.
There needs to be a better deal for business borrowers as well. The hon. and learned Member for Edinburgh South West (Joanna Cherry) rightly mentioned that issue just now. Business loans above £25,000 are unregulated. Time and again, we have seen the results of this—the Royal Bank of Scotland’s Global Restructuring Group, the Lloyds business support unit, and others. Small businesses are the lifeblood of our economy. We must treat them fairly so that they can focus on what they do best, which is creating jobs and making our country more successful.
The proposals by the FCA that have been discussed, and will no doubt be touched on by the Minister, only give lenders the option to apply the modified assessment; they will not introduce an obligation. That is the point that we have heard regarding the situation with Tesco. There is the freedom to dine at the Ritz—to dine with responsible lenders—but this will not affect the cowboys and the vulture funds. As the figures show, they will still represent the main problem for the Government and for all the people who are involved with this matter. Other borrowers who had borrowed from now-defunct lenders found that their mortgage had been sold off to unregulated private equity firms that did not offer mortgages and so could not provide affordable deals.
Right from the beginning, this process was flawed and took little account of the position of the people we are talking about. Mortgagees with active lenders have been paying thousands of pounds more due to the ever-increasing gap between the standard value rate and the more competitive market rate. Those who now have a mortgage with an unregulated vulture fund are often forced to pay an even higher rate. This is a double whammy for constituents in places like Blackpool where there are lots of small businesses affected in the way the hon. Member for Dover mentioned, as well as ordinary residents.
Those are some of the issues that the Government need to get a handle on very urgently. A separate issue has been raised with Members of the House by the ME Group about people who were mis-sold their mortgages in the first place. It may well have a point, but that matter will have to go down the compensation route with the Financial Ombudsman Service or the FCA.
I did my best to try to get some further information out of the Government through a number of questions. One question that I posed to the Minister on 13 May was to ask
“what discussions…he and…Ministers…have had with the Financial Conduct Authority on whether Cerberus Capital Management is a fit and proper organisation to purchase mortgage loans from UK banks and his Department via UKAR.”
I must pay tribute to the industry of the person who drafted the reply, because it had eight paragraphs, but all I got was obfuscation of a very high order. The actual question was never responded to. I am afraid that the other questions that I and other hon. Members have asked have also shed more heat than light. Some of the replies that I have had seem to have a standard template that starts off by saying:
“Customers have always been protected in UKAR asset sales.”
It is fairly obvious that that is for the birds. This is another example:
“Whether to offer customers new mortgage products is a commercial decision for lenders and government does not intervene in individual cases.”
If there was ever a better definition of laissez-faire arrogance in a parliamentary question, I would like to see it. This shows that there is a clear and present danger, in market terms, that without intervention UKAR will carry on selling off NR loans to unregulated providers, and that will simply perpetuate the problem that we are all concerned about.
My conclusion from all this is that we should revisit the regulations issued by the FCA and reconsider the approach. In particular, the voluntary agreement proposed by UK Finance last year should be placed on a statutory footing. It should not just be a voluntary thing that lenders can opt into. There should be a statutory obligation on them to offer their existing customers a switch to a more affordable product.
If that is something the Government are unwilling to consider, I have a second proposal, with which I will conclude. It is that the Government should, at the very least, issue new guidance to the courts or put in place new regulations under the Administration of Justice Acts to make it clear to the courts that, when assessing any application for a possession order from a lender, there should be a powerful presumption against granting any repossession order where a customer has been refused the ability to switch to a more affordable product. The reality is this: there will be instances where people have fallen into arrears and ended up facing repossession of their home where the lender itself has been culpable in that default and in the repossession proceedings. In my view, our law should have a powerful presumption against granting any repossession order where a switch to a different product has been refused, and I think that would focus the minds of lenders.