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Payday loans cap: does it fit and what does it mean for borrowers …

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Payday loan firms in the UK face a cap in lending, as they do in the US, Australia and much of Europe. Photograph: guardian.co.uk

The government has announced that high cost payday lenders will face a cap on how much they can charge borrowers. A cap is already in place in many parts of Europe, in Australia and in many US states.

What is a payday loan?

It is a short-term loan, usually of up to £1,000, which can be arranged over a matter of days or weeks. The loans are offered online by companies such as Wonga and QuickQuid and on the high street by firms including The Money Shop and Cash Converters.

Interest rates on the loans are high – APRs are usually more than 1,000% and some of the best-known firms charge more than 5,000%. Although lenders say those rates are not a fair reflection of the cost as they are skewed by the short lending period, debt campaigners say borrowing can quickly spiral as loans are extended – or rolled over – and charges mount up.

What would a cap do?

It would limit how much a lender could charge for a loan, so if a borrower was unable to repay their debt on time, the amount they owed would stop growing at a set point.

The details of the cap are so far unclear, but the chancellor, George Osborne, has said it “will not just be an interest rate cap”, but a cap on the cost of credit. The Finanical Conduct Authority (FCA) will be responsible for deciding what level it will be set at.

There are precedents in other countries which the FCA may follow. For example, in Australia payday lenders are restricted to charging up to 20% upfront and up to 4% a month. On £100 borrowed over 30 days that would limit charges to £24. In the UK, £100 borrowed from Wonga costs £137.15 and interest is added at 1% a day.

Wasn’t a cap ruled out?

The government previously said it wouldn’t cap the cost of payday loans, although the banking bill did give the FCA the power to decide a cap was necessary and introduce it once it takes on regulation of the credit sector in April 2014.

Recently, the FCA outlined its plans for its stewardship of payday lenders, including new rules limiting the number of times a loan could be rolled over and the number of times a lender could attempt to take cash from a borrower’s bank account. It said at the time that a price cap was “a very intrusive proposition” and it would need to do further research once it started regulating firms so it could understand the full implications.

Why have things changed?

Good question. The government says there is now “growing evidence” internationally to support the move, but it isn’t clear why the decision was made so suddenly. There has been some powerful lobbying by MPs including Stella Creasy and Paul Blomfield, and debt charities including Citizens Advice, who have all called for a cap among a series of other measures.

Is this a good thing?

Campaigners have welcomed the move – in principle. They say the devil is in the detail, and that customers need more choice. Citizens Advice’s chief executive, Gillian Guy, said: “To truly tackle the cost of payday loans there needs to be more competition in the payday loan industry … The government needs to put pressure on traditional lenders to introduce responsible short-term micro-loans.”

Blomfield said: “As well as capping the cost of credit, the government needd to address the issues of affordability checks, rollovers, use of continuous payment authorities, support for debt advice and regulation of advertising.”

Are there any downsides?

There could be. In September the consumer minister, Jo Swinson, warned that a cap could end in “unintended consequences” with people forced to take unregulated alternatives as lenders pulled out of the market.

In its consultation on regulation, the FCA referred to research by the Personal Finance Research Centre at the University of Bristol as “ambiguous” about a cap, “on the one hand [it suggested] possible improved lending criteria and risk assessments. On the other, prices may drift towards a cap, which could lead to prices increasing or lead to a significant reduction in lenders exercising forbearance.”

The research also warned that a cap could result in less transparent pricing structures, making it more difficult for consumers to compare products and lenders based on prices, and lenders taking a harder line on debt collection.

Will the cap just apply to payday loans?

Yes, according to the Treasury, although it said the FCA would be able to extend it to other types of lending if necessary. This means unauthorised overdraft charges and other forms of unsecured borrowing would not be covered by the cap.

When will it happen?

The banking reform bill currently going through parliament will force the FCA to bring in a cap, and that is due to complete by January 2014. The Treasury said that once work had been done to establish the level of a cap it expected it to come into force by the start of 2015.

[…]

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Food vouchers to provide emergency help but prevent spending on alcohol

“Food stamps” arrive in Britain next month, when tens of thousands of vulnerable people will be issued with food vouchers in lieu of money to tide them over short-term financial crises.

Rather than, as now, offering a cash loan, most councils will from April offer new applicants who qualify for emergency assistance a one-off voucher redeemable for goods such as food and nappies.

Many of the 150 local authorities in England running welfare schemes have confirmed that they will issue the vouchers in the form of payment cards, which will be blocked or monitored to prevent the holder using them for alcohol, cigarettes or gambling.

Several plan to issue charity food parcels to people applying for crisis help, and are preparing to give cash grants to food banks to enable them to take on full-time staff and increase opening hours.

Each authority has drawn up eligibility rules, setting out who will qualify for crisis help and the conditions under which it will be given. One plans to make emergency help conditional on good behaviour.

The shift to in-kind and voluntary assistance follows the decision last year to abolish the government-run social fund and to replace it with more than 150 welfare assistance schemes, operated by English local authorities and the Welsh and Scottish governments.

The social fund – known as the “backstop” of the welfare system – typically offered small loans of about £50, repayable against future benefits, to help vulnerable individuals who faced short-term crises as a result of having cash stolen or benefits delayed.

A separate set of cash grants, typically worth about £1,000, was made to people with a disability, ex-prisoners and victims of domestic violence, to enable them to buy or replace items that would help them live independently, such as beds, clothing and kitchen utensils.

Although social fund spending represents a relatively tiny chunk of the social security bill, there is concern that the new arrangements will for the first time build into mainstream welfare provision the distribution of food voluntarily donated by the public, schools and businesses.

Lady Lister, a Labour peer and poverty expert, said the shift from cash loans to in-kind help would leave the most vulnerable people “high and dry”.

“The social fund was a safety net under the safety net,” Lister said. “I do not call putting money into food banks a safety net.”

Some fear the use of in-kind vouchers will repeat the shortcomings of cashless payment cards, issued to asylum seekers. Critics said these cards left users unable to buy essential non-food items, and made them more likely to turn to risky or criminal ways of obtaining cash.

One welfare charity worker said: “There’s a lot of naivety. The social fund is big, and meets a whole range of needs. There’s going to be an awful lot of people that will need to tap into its successor.”

But councils say huge reductions, in some cases cuts of up to a third, in the amount allocated to support people in hardship have left them with no option but to offer vouchers, refer applicants to food banks and secondhand furniture projects, and to drastically tighten eligibility. The government spent £230m on the social fund in 2009-10 but has allocated £178m to local authorities for 2013-14.

Inquiries by the Guardian found that:

• Conservative-run Hampshire council plans to invest a big chunk of its welfare fund allocation in charities and food banks. Over time, it hopes to stop offering food vouchers as part of a shift towards “reducing the entitlement culture”.

• Labour-run Manchester city council will offer successful applicants low-interest loans of up to £200 a year, with a credit union, rather than food vouchers. It says in future years grants for furniture and cooking utensils will be offered on condition that recipients sign up to “expected behaviours and actions”.

Bristol city council’s crisis fund restricts emergency payments to food, heating, nappies and toiletries. It says the cards “should not be used for cigarettes, alcohol or entertainment”, and if misuse occurs it will seek repayment.

• Labour-controlled Darlington council plans to invest £58,000 in a church food bank, including £30,000 to enable the charity to take on a full-time worker.

From April, thousands of applicants who now have access to crisis help will be turned down under the schemes. Many councils plan to refer the expected rising numbers of unsuccessful applicants to soup kitchens and other charities.

Alison Garnham, chief executive of the Child Poverty Action Group, said: “Local authorities have been given a difficult task, to deliver support on a reduced budget at a time of rising need.

“But we are seriously concerned that some authorities will not be providing any access to cash to families to meet their essential needs, and may be offering support in a way that serves to stigmatise those who need it.”

Others have warned that people who are turned down for crisis help will turn to crime, begging or loan sharks. Almost all authorities are bracing themselves for an expected rise in demand for crisis support from April, when the bulk of the benefit reforms, aimed at saving £18bn, are introduced. Among these is the so-called bedroom tax.

There is also nervousness that any glitches in universal credit, from October, will see an increase in poorer households seeking help from welfare schemes.

The government, and some charities, have argued that the existing system of crisis loans was abused by people – often young men – who did not use the loans for genuine emergencies. They argue the new system will discourage dependency, more efficiently directing scarce resources at the people who most need them.

The Guardian also found that:

• The cost of administering each of the 150-plus new welfare assistance schemes is typically equivalent to around 20% of the value of the entire local fund. Several authorities, including the Welsh government, have outsourced the running of the voucher schemes to private contractors.

• Local authorities are worried that the new patchwork of welfare assistance systems will lead to a postcode lottery, with vulnerable people moving to apply for crisis help in more “generous” boroughs.

• There are concerns that some welfare systems will not be ready by 1 April. The Furniture Re-use Network said a survey showed two-thirds of its members believed the new system would not be in place in time. There are concerns that, despite huge growth in the numbers of food banks in the past two years, many parts of the country will have little charity food assistance capacity.

[…]

The wait for action on unscrupulous Payday lenders goes on | Left …

Image loans.jpg

Payday lending is back in the news today as two reports are released, one after the other, on changes to the regulatory architecture that oversees the industry.

The report by the Office for Fair Trading has said that the leading 50 payday lenders, accounting for 90 per cent of the payday market, has just 12 weeks to change its business practices or risk losing their consumer credit licenses.

As it is, payday lenders compete on the speed at which they lend cash out, not the cost of the credit they sell, which means that the incentive is for them to avoid carrying out sufficient credit checks.

The OFT today have said that it will report the payday lending market to the Competition Commission after finding evidence of irresponsibility between lenders.

In 2010 the OFT’s guidance for creditors on irresponsible lending pointed out that: “All assessments of affordability should involve a consideration of the potential for the credit commitment to adversely impact on the borrower’s financial situation, taking account of information that the creditor is aware of at the time the credit is granted.”

What the OFT now want to do is act upon the already existing regulation where previously it did not have the capacity to enforce its regulation.

In addition to assessments on affordability and credit checking, the other areas of non-compliance include:

. failing to explain adequately how payments will be collected

. using aggressive debt collection practices

. not treating borrowers in financial difficulty with forbearance.

It should be stressed that all of these issues are raised in the guidance set by the OFT, but it just hasn’t had the ability to ensure the regulation is met by the large swathes of new payday lenders on the high street.

This is where the newly created Financial Conduct Authority (FCA) comes in to play. The FCA was set up (it will start operating April 2014) to focus on enforcing current regulation.

Critics of the payday lending industry were given hope when late last year the government did a u-turn and added an amendment to the Financial Services Bill which gave the FCA the power to cap the cost of credit.

But now the government has flip flopped over this point again. A report commissioned by BIS to the Personal Finance Reseach Centre at the University of Bristol has found that a cap to the cost of credit could cause more of a detriment than the issue it sought to solve.

However BIS has said that in principle the debate will still be had on whether a cap will be appropriate. The PFRC research found that at the moment access to credit might shrink and be a problem for borrowers, but the implication is if other measures were carried out by the FCA then a cap may well be possible in the future.

This disappointing news has been offset by a commitment from the government to work more closely with the Advertising Standards Agency to further regulate the advertising of payday loans.

It is not certain what this will look like yet, but those commitments could include adding financial health warnings to adverts, regulating at what time adverts can be shown on TV, how spaced apart adverts are, and a further highlighting of the price a consumer would have to pay.

Given how much optimism there was last year with the FCA being given new powers, the meat of these reports will come as a disappointment.

It was enough for some that the FCA’s powers would begin to operate next year, when consumers are routinely being ripped off now – but the findings in today’s BIS report are surely a step backwards.

Yesterday Left Foot Forward asked why Wonga were invited to speak at a Labour policy meeting on household debt.

[…]

PayDay Loans ENSLAVE People in UK – Interest Rates in Excess of 1000%

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SUBSCRIBE for more videos on debt, salvery, finance and payday loans – www.youtube.com Quick Cash, PayDay Loans ENSLAVE People in UK – Interest Rates in Excess of 1000% More than 25000 people have approached a debt charity for help this year after taking out payday loans, and the organisat… […]

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[…]