CCTA Commentary – Financial Claims & Guidance Bill

Published 26 April 2018

On Tuesday 24th April, MPs debated the Report Stage and Third Reading of the Financial Claims and Guidance Bill in the House of Commons. We applaud and support the aims of the Bill to ensure access for all to free and impartial money guidance, debt advice and high-quality claims handling services. The opposition broadly supported the Government’s Bill but called for a full ban on cold calling by Claims Management Companies, which we, the CCTA, support. We welcome the move to provide Debt Respite for those in Mental Health care – an issue that we consider to be part of the wider responsibility that our members have towards their customers in ensuring they are treated fairly if they encounter repayment difficulties through unexpected circumstances. Access to credit for all is a vital part of a well-functioning economy and we know that lack of access to financial services can contribute to mental health issues through the plethora of other social and economical difficulties this creates. At CCTA, we will always campaign for access to responsible, fair and affordable credit to be available. Regulation, when applied appropriately, does indeed help to ensure healthy, functioning markets. But over-regulation can, as we know, create a multitude of unintended consequences with negative impacts on both the consumer and business. We therefore support the Minister’s view that the new Single Financial Guidance Body’s role is to provide impartial advice rather than regulate the market.

Financial education must give this a permanent place in the education syllabus

Published 11 April 2018

The new report from Prudential on their Cha-Ching programme makes gloomy reading regarding the lack of momentum behind meaningful and permanent financial education programmes in the educational syllabus. As a previous Non Executive Director/Trustee of Credit Action ( now Money Charity ) I am dismayed that financial education still lacks a political leader with the political will to place this subject in a permanent place within the educational pecking order.  I am pleased that Julian Knight MP has shown that the topic needs discussing and addressing, and I hope that there is a coalition of the willing to deal with the cause, rather than just stirring the symptoms yet again. Charities such as Money Charity and others have played a marvellous role in supporting the Financial Education, but their great work should be underpinning a national curriculum in schools on financial education. It is rather disturbing to see how much money is poured into the FCA to regulate the financial markets, compared the small amount of effort and money into financial education. Research shows that consumers mostly do not read T & C’s, and maybe do not understand them, and as regulation increases T & C’s get longer. Basic mathematics, like financial education is a building block for life. Sometimes we need to stand back from a problem and take a fresh look, with financial education that time is now. The old Chinese Proverb rings true: “You give a poor man a fish and you feed him for a day. You teach him to fish and you give him an occupation that will feed him for a lifetime.” Greg Stevens CEO 11th April 2018

All aboard the Gravy Train… Has compensation become a largely profit making enterprise and why should this stop.

Published 13 March 2018

All aboard the Gravy Train… In the 1960s it was said that the British did not complain enough. Perhaps it was because those then in their mid-life had lived through the deprivations of the second world war less than twenty years before, and believed Prime Minister Harold Macmillan’s famous declaration that “most of our people have never had it so good” in July 1957 at a time when the country was riding high on the post-war economic boom. So there was not much to complain about. The youth of the ‘60s were far too preoccupied discovering sex, drugs and rock and roll to spend time complaining. But times have changed. Over the intervening decades a wide variety of complaint and compensation processes have developed to the extent that there is probably no consumer facing activity that does not have a complaints and compensation system. And quite right too! If we suffer detriment at the hands of a private or public body it is only fair that there is restitution. However, the pendulum has now swung to the farthest opposite extreme. From hardly complaining at all, the British appear to be leading the way in seeking to profit from the complaints and compensation systems, not simply to receive just restitution. And there are profits to be made, not only by complainants themselves making inflated or entirely false claims, but also for a massive industry that has evolved to help people make claims and to take a substantial cut of the pay-out. No-win-no-fee law firms and claims management companies are cashing in. In 2011 there were 3,213 claims management companies, specialising primarily in personal injury claims, many of which were entirely fictitious. By 2017 the number of firms had fallen to 1,388, due in part to a concerted effort to prevent false injury claims by local Councils in the main. A claims management regulator had to be created in 2007 and has licenced over 6,800 claims management companies since its inception. It has also imposed £2.8 million in fines and cancelled 1,387 licences. Personal injury remains the largest claims management sector in terms of the number of firms in operation, but the financial claims sector has superseded it for the last four consecutive years, generating more than twice the turnover of the once dominant personal injury sector. Between 2007 and 2017 claims management companies overall earned almost £6.3 billion. Those dealing with financial products and services claims made £3.4 billion of that. The Solicitors Regulation Authority is demanding that law firms prove how they source holiday sickness claims, which have risen by 500% since 2013, with a large number being fraudulent. No-win-no-fee law firms and claims management companies are firmly behind the increase and some claimants have recently faced jail sentences for fraud as a result as the travel industry fights back. Ironically, action has been taken against some claims management companies themselves because they have failed to return fees due to their clients and have delayed passing on pay-outs that have …

Credit Week 2018!

Published 12 March 2018

This week marks an important week in consumer credit as Credit Week brings together Europe’s largest gathering of credit professionals. The annual event, run by Credit Strategy reviews the current issues of the day through a variety of events that focus on the innovative, dynamic, and vitally important consumer credit industry. This includes the outlook for digital lending and open banking, and all set against a background of the never-ending trials and tribulations of Brexit. Chief Executive, Greg Stevens will be attending all of the events commencing with the Credit Week Parliamentary Reception tomorrow and ending with a Gala which is attended by the most influential members of the credit industry. At both events and all others in-between, the CCTA will be fighting the cause of large firms and SME alike, as both provide products and services needed and appreciated by consumers. We will also be taking the issues of access to responsible credit to parliamentarians, and discussing access and vulnerability with consumer groups, amongst other issues. We will provide a summary of events and outputs on our website in due course.  

“Markets are not perfect, but regulation is often a very poor substitute”

Published 11 March 2018

Last week, the think tank, Institute of Economic Affairs accused politicians of ‘jumping on the anti-finance bandwagon’ in a report[i] which reviewed the contribution finance makes towards economic life. The UK’s financial sector is one of the economy’s most productive, but it has taken quite a bashing since the previous financial crash and suspicion still surrounds the industry. The IEA report considers several points including: is the financial sector short term oriented; is it creating inequality and is it ‘duping’ consumers and investors. The argument that financial firms are ‘duping’ or harming consumers and investors through mis-selling (e.g consumers signing for products they do not understand and would not buy if they did) has since become the justification for a large amount of consumer finance regulation in the UK. “In 2011 alone, the UK financial regulator introduced regulation or issued guidance, advice, discussion documents or consultations totalling 4.3 million words. This is more than five times the number of words in the Bible.” The introduction of the payday loan cap is used within the report to demonstrate how regulatory intervention is often ‘grossly miscalculated’ as the subsequent shrinking of the payday market was between three and five times more than the regulator expected. When the FCA placed the cap on lenders, it expected the volume of loans to drop by 11% and the number of customers to drop by 21%, yet the actual figures in the first year were 56% and 53%, respectively. One can therefore conclude that consumers who benefited from borrowing have now been shut out of the market. Indeed, the typical payday borrower is now somebody who is better-off and who borrows for longer, yet for those at the lower end of the income scale who can no longer borrow but require access to credit in an emergency, have been hurt by the cap. The report notes how “this particular regulatory intervention has had detrimental consequences because it is impossible to design regulation that only targets perceived problems, whilst leaving well-functioning parts of the market unaffected. Regulators simply do not have the knowledge to be able to distinguish between people who will benefit and those who will suffer from the regulation and the interventions cannot be sufficiently fine-tuned. This is in the nature of markets and regulators. “ Critics of the financial services sector may point to a need for increased statutory regulation, however it is simply not possible to know in advance whether regulation will improve a market as “the perfectly informed regulator is just as much a textbook fiction as the perfectly informed consumer.” Greg Stevens 8th March 2018   [i] https://iea.org.uk/wp-content/uploads/2018/02/Socially-Useless-f1-web.pdf  

Concern Mounts on the Impact of Interest Rate Rises on Struggling Households

Published 16 February 2018

With the Bank of England expected to increase interest rates as early as May, what will be the impact of this on the UK’s financially constrained households? A report published this week by the Resolution Foundation[1] examines the possible consequences. It maintains that whilst the majority of UK borrowers are relatively well placed for an interest rate hike, regard needs to given to lower income households already experiencing ‘debt distress’. The increase in the UK’s use of consumer credit has been well documented over recent years. Annual growth in consumer credit reached 10.9 per cent towards the end of 2016 – its highest rate since 2005 and while it has slowed down slightly, it remained at 9.5% in December 2017. The report attributes much of this to car finance, interest free credit cards and personal loan growth rates. It states that most of the increase in consumer debt since 2014 was among middle and higher income groups, who are well placed to absorb the potential increase in interest rates. The think tank notes that while average debt servicing ratios remain low by historical standards, there are signs that financial distress may be making a comeback. The emergence of household debt over recent years has prompted signs of growing debt distress, making low-income household borrowers particularly vulnerable to economic change. Importantly, the report considers the number of households who have been put off spending by not having access to credit.  28% of households reported this constraint but the figure rose to 37% for the poorest fifth of working age households. Our view, as is the view of many, is that credit remains sensibly available to those with lower incomes to allow for smooth income flows in the times ahead. [1] http://www.resolutionfoundation.org/publications/an-unhealthy-interest-debt-distress-and-the-consequences-of-raising-rates/    

FCA roundtable discussion: ‘Approach to Authorisation’, 12 February 2018.

Published 13 February 2018

The CCTA’s Head of Legal & Regulatory Affairs, Graham Haxton-Bernard, attended the FCA roundtable meeting, which was was well attended by interested Trade Associations including representatives from the FLA and the CFA. The roundatable was hosted by various FCA staff including the Director of Authorisations. The discussion was lively and concentrated on the contents of the FCA’s Mission document:‘Our approach to Authorisation’. The discussion focused on four separate matters: 1) Understanding the Threshold Conditions 2) The FCA’s approach to supporting firms and individuals to meet minimum standards and promoting competition 3) The revised set of FCA commitments to firms when they apply for authorisation 4) The FCA’s strategic goals in relation to Authorisation and FCA’s performance. We will contine to keep members appraised of all developments.   Graham Haxton-Bernard 13th February 2018

Is the bubble bursting? Bitcoin falls amid global clampdown

Published 06 February 2018

As governments worldwide are nervously clamping down on investors speculating on cryptocurrencies, the value of Bitcoin fell to its lowest level since mid-November dropping below $6,000.  Lloyds and Virgin Money have now banned customers from purchasing cryptocurrencies with their credit cards amid concerns they could be exposed to large unaffordable debts should the digital currency value continue to fall.  Plus, with mortgage lending rates at a 3 year low, the housing market is also showing signs of a wobble. One wonders if this cautious approach now reflects the start of a painful correction – with the consequent risks of making access to responsible credit even more difficult in the process?

CCTA Comment on the FCA’s update on its High Cost Credit review

Published 31 January 2018

We have seen a very significant concession from the FCA today. The regulator has acknowledged that ‘the provision of high cost credit can have a socially valuable function’ and that access to legal, regulated sources needs to be maintained.  This is music to the ears to hundreds of responsible, specialist lenders serving small local communities up and down the country. These businesses are being choked out of the market by wave after wave of regulation designed to protect consumers but actually causing them harm by reducing their access and choice to legal products.  Making the case for ‘high cost credit’ is a thankless but necessary task. My hope is that today we have drawn a line in the sand on the level of regulation the sector is able to bear. Greg Stevens, 31st January 2018

Carmakers Finance Accelerates to Record Level

Published 19 January 2018

Last month Volkswagen Financial Services published provisional figures for 2017 which revealed their number of worldwide customer financial contracts is expected to rise by 5.2% to 6.85 million.[1] In the UK, Volkswagen’s loan book is £15million, so it’s not surprising that Volkswagen has made an application for a UK banking license in order to continue providing consumer finance after Britain’s exit from the EU[2]. Carmakers Renault, who also operate their own banking division, form part of the expansive growth in lending that is currently being seen by some of Europe’s largest car companies. But what effect will this have on independent car retailers? The AM Outlook Survey for 2018 reports 54% of independent retailers are expecting to see a decrease in turnover this year[3] in addition to the challenges they face from regulatory scrutiny and possible further intervention, through to issues around diesel. Our view is it’s entirely plausible that we may see a number of departures from the market this year. Yet another reason to continue our campaign for sustainable, fair and responsible access to credit. Greg Stevens 19th January 2018 [1] https://www.autofinancenews.net/volkswagen-financial-expects-record-earnings-for-fiscal-year-2017/   [2] https://www.pymnts.com/loans/2017/volkswagen-banking-license/   [3] https://www.am-online.com/news/latest-news/2017/12/19/what-does-2018-hold-for-uk-car-dealers  

CCTA Commentary on today’s IFS Report

Published 16 January 2018

The CCTA welcomes the IFS report today, but we would guard against rash decisions on blunt instruments such as rate-capping suggested by some third parties. The ongoing dialogue and regulatory changes are resulting in meaningful solutions and positive outcomes for consumers. Further regulatory instruments and unwise intervention would mean reduced access credit and increased cost of credit. It should also be noted that the recent FCA Insight research found that short-term, high cost credit is not the cause of growing debt levels. Much of the growth is produced by the borrowers least likely to suffer financial distress. Motor finance and 0% credit cards have accounted for the majority of consumer credit growth since 2012 and about half of outstanding consumer credit is held by those with mortgages. Around 40% of households with consumer credit debt hold savings in excess of their debt. You can read the IFS report at this link: https://www.ifs.org.uk/publications/10336 Greg Stevens CEO   16th January 2018

Personal debt crisis will not be solved by curbing credit: CCTA commentary (Telegraph 11 January 2018)

Published 11 January 2018

The simplistic view of John McDonnell and others is credit equals debt, therefore get rid of the credit industry and you get rid of debt. Her Majesty’s Opposition is very clear that Britain is in the grip of a personal debt crisis. In a series of articles over the Christmas period, John McDonnell, the shadow chancellor, warned of an “alarming increase” in UK household debt. McDonnell’s solution to the problem is equally clear: reduce demand by giving more public money to consumers; and restrict supply by imposing rate caps on “high cost” lenders and tighter controls on the industry in general. Constructing a counter-argument on behalf of credit companies is not an easy task, such is the populist appeal and seeming common sense of tighter controls and caps. But one needs to be made as a matter of urgency. The real threat to consumers is not the one identified by McDonnell in his warnings about the debt levels of those least able to afford it. The danger is not too much credit, it is reduced access to credit for consumers caused by wave after wave of regulation. Two important surveys in the last week show this very clearly. They present an accurate picture of the state of consumer borrowing in the UK and a better guide as to where legislators should be focusing their attention. First, Thursday’s Bank of England quarterly Credit Conditions survey reported that the availability of unsecured credit to households had decreased again in the last three months of 2017, and that reductions had now been reported in all four quarters of 2017. It also found that lenders expect a further significant decrease in the first quarter of 2018; and that while credit card lending was reported to be unchanged in the fourth quarter, demand for other unsecured lending was reported to have fallen significantly. Secondly, on Monday of this week, a jointly published article from the Bank of England and the Financial Conduct Authority provided answers to two crucial and related questions: Which types of borrowing have accounted for consumer credit growth? And how worried should policymakers be? The answers, drawn from credit reference agency data for one in 10 UK consumers going back six years, were emphatic. They showed that credit growth has not been driven by sub-prime borrowers. Rather, the majority of growth since 2012 is attributable to motor finance and 0pc credit cards. Or put another way, the growth in lending is going to the borrowers who are least likely to suffer financial distress. Collectively, these two reports paint a very different picture to the one painted by Opposition politicians. The supply of credit is contracting, not expanding; and where there is growth, it is into prime markets, not sub-prime. This is good news for policymakers in one respect – personal debt levels are coming down. But it is bad news in another: consumers on lower incomes are finding it increasingly difficult to access regulated sources of credit. Hence, policymakers have a wholly …