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Payday loans under new scrutiny in OFT review

Following the OFT’s confirmation that it has launched an extensive review into the payday lending sector, we decided to take a closer look at what has led to this crackdown.

The review has been prompted by worries that some people in financial difficulty may be being taken advantage of by payday lenders.

According to the OFT, the issues of concern it will be focusing on are:

-    Giving loans without first checking adequately that the borrower can afford to repay them.

-    Inappropriately targeting particular groups of people with clearly unsuitable or unaffordable credit.

-    Rolling over loans so that charges escalate and the loans become unaffordable.

-    Not treating borrowers that get into financial difficulties fairly.

David Fisher, OFT Director of Consumer Credit, said: “We are concerned that some payday lenders are taking advantage of people in financial difficulty, in breach of the Consumer Credit Act and not meeting the standards set out in our guidance on irresponsible lending. This is unacceptable.

“We will work with the trade bodies to drive up standards but will also not hesitate to take enforcement action, including revoking firms’ licenses to operate where necessary.

“The payday sector has grown considerably since the OFT’s high cost credit review in 2010. This, combined with the current tough economic conditions, makes it the right time for us to review the industry and improve protection for consumers.”

The Director at Debt-Simple Limited, Aftab Zahoor, commented on the regulator’s new stance: “It definitely looks like a shift in attitude by the OFT. This crackdown is long overdue and the practice of payday lending should be monitored more rigorously. Payday lenders can provide short-term, high interest loans to consumers, but some aren’t taking into consideration whether or not they can afford to repay.”

He explained that, with regard to the debt industry, any impact felt will be positive. “We have seen numerous clients being able to obtain payday loans very easily, before and while they are on a debt management plan. If the easy access can be tightened up, it will help consumers repay other debts and not have this spiral out of control.

“I can see the benefit to some of the short-term loans, but the majority of consumers will inevitably be repaying for long periods and these debts will continue to increase. I welcome the OFT putting these firms under the microscope.”

Norman Lamb, Consumer Affairs Minister, said: “The OFT is right to launch a compliance review of its guidance in the payday lending market to make sure that companies are adhering to agreed standards and in particular to identify those practices which can harm vulnerable consumers.

“We look forward to seeing the findings which, where necessary, will be used to take further enforcement action and drive up standards within the industry. This includes improving consumer protections and having an open and transparent lending market.”

Later this year, the final report of the review and information on follow up action will be published.


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£200 per month on interest hits households hard

Households are being increasingly financially squeezed as it emerged that families are having to pay nearly £200 in interest each month.


After paying out money each month on their regular bills, the Consumer Credit Counselling Service (CCCS) believes that the average UK household still spends 24 per cent of their discretionary income on their ‘interest burden’.


The CCCS released a report stating: “Interest payments are a heavy burden on household finances.


“With payment necessary regardless of economic circumstances, they pose a major threat to the solvency of many families.


“As a major spending component that must be met on time, the need to service debt is posing a significant challenge in the current economic downturn when household heads lose their jobs and income sources dry up.”


The charity conducted its research through the Centre for Economic and Business Research, which analysed the charity’s existing database.


The results indicate that demand for debt advice looks set to peak in 2014, indicative of the lasting impact of the financial crisis.


CCCS further highlighted a rise in demand for debt advice from the more mature generation aged between 45 and 59. The report explained: “There has been a gradual rise in counselling demand from this group, with its share rising from 22.8 per cent in 2005 to 31.7 per cent by the end of 2011.”


“With incomes set to grow at a slower pace and first time buyers hard-pressed to get on the property ladder, rates of home ownership may well decrease gradually in the coming years and decades.


“With rising property prices and rising borrowing, mortgage debt has grown in importance compared with other areas of household finances. This development is evident in the growing share of mortgage debt as a proportion of total household debt. This has risen from 80.3 percent in January 2000 to 86.3 percent by the end of last year.”


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DEMSA launches debt advisor member 'gold standard'

Wednesday 22nd February 2012

The first batch of students to take a new professional qualification in debt advice as a result of a partnership between the Debt Managers Standards Association (DEMSA) and the Institute of Money Advisers (IMA) had their induction last week.

The qualification, entitled ‘Certificate of Credit in Money Advice Practice’, officially starts next week and is designed to continue to raise the benchmark for the fee payable debt advice sector.

DEMSA’s Richard Wharton commented on the qualification: “Our aim is to continue improving standards in the debt management industry and we see the implementation of the DEMSA/IMA training scheme as a key building block to achieving and improving the offer to the consumer. Our members have welcomed the introduction of the scheme.”

Back in 2010, a similar scheme was launched for the free advice sector, which has seen almost 300 advisers achieve the qualification so far. Over 16 weeks, key areas of debt advice which include priority debts, budgeting, insolvency and relevant legislation such as the Consumer Credit Act will be covered.

Successful completion of the qualification offers the equivalent to an NVQ Level 4 or first year degree level.

Delivered exclusively through Staffordshire University’s Virtual Learning Environment, the course is assessed by formative assessments throughout the learning term and a final exam at the end of the 16 weeks.

Steve Meakin, Chair of the IMA, said when the scheme was first announced: “The agreement with DEMSA represents a significant step in continuing to improve standards of advice in the fee charging sector. The IMA’s ‘Certificate in Money Advice Practice’ was introduced in 2010 for advisers in the free advice sector and has played a key role in establishing a benchmark for high quality advice.

“I believe that our work with DEMSA in introducing a new qualification and CPD scheme will mirror what has already been achieved in the free advice sector.”


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Secured loan packager targets DM industry

Specialist secured loan packager Carolina Capital has announced that it has expanded into the debt management sector with a new team of experienced advisors.


The addition of this in-house product highlights the company’s commitment to recruiting the best staff within the relevant sectors. They will endeavour to deal with enquiries efficiently in order to maximise the revenue of intermediaries and offer great service.


Scott Thorpe, Business Development Manager of Carolina Capital, commented on the expansion:  “Our primary business is secured loans, however we have diversified into other areas to improve the customer experience for introducers and clients alike. This new product is a valid option for clients – helping them to reduce their monthly outgoings when they are unable to consolidate debts through the normal channels.


“We are also delighted to announce a new market leading commission structure for your referrals.


“For further information on this, or any of our other products please contact me on 0161 9262040 or mobile 07881 915397 alternatively email scottt@carolinacapital.co.uk you can now also follow us on twitter @carolinaloans.”


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APDSI welcomes the updated OFT Debt Management Guidance

The Association of Professional Debt Solution Intermediaries (APDSI) has welcomed the publication of the OFT's revised Debt Management Guidance (‘Debt management (and credit repair services) guidance (OFT366rev )).

Its publication brings to an end a long period of uncertainty and allows both debt solution providers and APDSI members to take on board the changes required to comply with the guidance which can only be good for UK consumers. The changes to the guidance should also help by driving incompetent and non-compliant operators out of the market which, again, can only be good for consumers.

APDSI particularly welcomes the clarification in the main body of the guidance (section 3.3) the distinction between mainstream lead generators and those licensed businesses that ‘refer’ and ‘introduce’ clients (e.g. financial/mortgage advisers, IFAs, creditors and credit brokers) to businesses offering debt management services and Insolvency Practitioners. The OFT has stated that these differ from more specialist ‘lead generation’ since the referral or introduction is made as an adjunct to - or in support of - their main business.

The regulator uses an example of an IFA finding that his client may require specialist help with his debt problem where he may ‘refer’ or ‘introduce’ his client to a debt management business. They have confirmed the requirement for licensed businesses to hold Category E – Debt Counselling – on their Consumer Credit Licence.

The guidance also clarifies the need to be transparent in dealings with consumers where a business is not the debt solution provider (i.e. they are a debt solution intermediary). Disclosure that commission may be paid and the identity of the debt solution providers remain a requirement from the consultation document of June 2011.     

As noted in the OFT's press release, the guidance expands on previous versions, providing examples of 'unfair or improper practices' which, if engaged in, could render a business unfit to hold a consumer credit licence and operate in the market. Examples of unfair business practices include:
-    Sending unsolicited marketing text messages, email or voicemails.

-    Providing inappropriate financial incentives to staff giving debt advice, which may encourage them to promote unsuitable debt management products for personal gain.

-    Making false or misleading claims regarding the status of the business, for example operating websites which look like the website of a charity or a government body.

-    Businesses are also expected to refer consumers to not-for-profit advice organisations for further help, in certain circumstances, and to have effective measures in place to identify and deal with particularly vulnerable clients, such as those with mental capacity issues.

An overall theme of the guidance is for businesses to be transparent so that consumers have all the information necessary to make informed decisions about the most appropriate debt solutions for them given their financial circumstances.
A practice not highlighted by the OFT's press release but which, APDSI believes, the guidance makes it difficult for debt solution providers to sustain, is that of war-chesting - that is, solution providers retaining the  bulk of client funds and releasing only token payments to creditors with a view to making full and final settlement offers further down the line. If this is indeed the effect of the guidance then the association would welcome it.

On a related matter APDSI has noted the formation by the Insolvency Service of a Working Party to look at a Debt Management Protocol - APDSI believes such a move could be more effective and could be implemented more quickly and flexibly than legislation and has indicated to the Insolvency Service its willingness to contribute actively in the Working Party's discussions.

In this context, APDSI believes the industry – creditors, credit reference agencies and debt solution providers – need to revisit the Rules of Reciprocity to ensure that there is a consistency of approach (which currently there isn't) by creditors in reporting accounts which are subject to a DMP to the credit reference bureaux (i.e. Callcredit, Equifax and Experian). APDSI believes that only by achieving that level of consistency can rehabilitated clients be accurately assessed for credit going forward. APDSI welcomes the strengthening of the section on creditor obligations. 


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Trade body speaks on digital marketing

The Debt Resolution Forum (DRF), a training, monitoring and representational body for the debt sector, has commented on the OFT’s revised debt management guidance which details the regulator’s stance on internet marketing.


DRF welcomed the new guidance and applauded the OFT's decision to step back from banning the use of sponsored links and social media by debt firms, but remained concerned about the impact of the guidance on other areas of internet marketing.


Commenting, David Mond, DRF chairman and CEO of ClearDebt, said: "The OFT's consultation document made it clear that the OFT thought Twitter and Facebook were "unlikely to be an appropriate means of providing consumers with sufficiently balanced and adequate information". In our response to the consultation and in conversation with the OFT DRF disagreed, believing that micro-blogging and sponsored links are only a signpost to a page offering a service. This page, DRF agrees, must be transparent and compliant.


"The new guidance reflects this and not just in relation to the internet, stating that the degree of detail required in various marketing messages "will be applicable, in varying degrees" dependent on the circumstances and is an important step forward."


DRF is concerned that the guidance continues to include reference to the use of inappropriate keywords in internet search, whether paid for (PPC) or not, as an "unfair or improper practice" and extends this to terms "even if allowed/suggested by internet search engines.


DRF believes that debt solutions firms that take pains to avoid misleading terms and which use landing pages which are fully transparent, clear as to the nature of the organisation and otherwise compliant cannot be held responsible for the natural search algorithms of major search engines like Google, or for the automated results produced by PPC advertising. DRF has revealed that the association will be continuing its dialogue with OFT on this point.


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Regulator publishes revised debt management guidance

The OFT has today published its revised debt management guidance detailing the standards it expects from businesses.


The guidance is the latest step in the regulator’s attempt to crackdown on those firms in the sector it believes are not meeting compliance standards.


Expanding on previous versions of the DMG, it provides examples of unfair practices which could render a business unfit to hold a consumer credit licence.


Examples of unfair practice include:


-    Sending unsolicited marketing text messages, email or voicemails.



-    Providing inappropriate financial incentives to staff giving debt advice, which may encourage them to promote unsuitable debt management products for personal gain.



-    Making false or misleading claims regarding the status of the business, for example operating websites which look like the website of a charity or a government body.



David Fisher, Director of the OFT's Consumer Credit Group, said: “This new guidance clearly sets out the standards we expect from debt management businesses. All too often it may be particularly vulnerable consumers who fall victim to poor quality debt advice and we will continue to take action against businesses that fail to follow our guidance.”


Commenting on the new guidance, David Mond, DRF chairman and CEO of debt solutions company ClearDebt, said: "We welcome this new guidance, which formalises current good practice and provides clearer and more specific guidance for debt management companies. This guidance is automatically part of DRF’s own mandatory members' code of standards – which exceeds that required by OFT.


"We believe that reputable debt resolution companies already meet and exceed these standards and DRF has robust annual inspection by the independent Insolvency Practitioners Association, in place to ensure consumers and creditors can have confidence in our members.


"DRF also applauds the recent change in OFT's procedures for examining new applications and renewals of Consumer Credit Licences. This is no longer a rubber-stamping exercise, but means that those individuals and companies that succeed in obtaining or keeping a licence will have jumped through many more hoops than before, including a much more rigorous examination of their business model, sources of leads and processes, as well as ensuring the people in the business have the right experience, skills and training. DRF has made a huge contribution to the latter, with the introduction of the 210 hour study Certificate in Debt resolution, now awarded to, or being studied for, by over 600 individuals.”


The guidance sets out its stance that businesses are also expected to refer consumers to not-for-profit advice organisations for further help, in certain circumstances, and to have effective measures in place to identify and deal with particularly vulnerable clients, such as those with mental capacity issues.


An overall theme of the guidance is for businesses to be transparent so that consumers have all the information necessary to make informed decisions about the most appropriate debt solutions for them given their financial circumstances.


David Mond added, "DRF welcomes OFT's emphasis on dealing appropriately with vulnerable people and has already piloted course in conjunction with mental health charity, MIND, to ensure DRF members' staff can identify vulnerabilities and advise appropriately.


"DRF believes that a mixed economy for debt advice is essential in the UK, where charitable debt advisors are being required to concentrate on the most vulnerable individuals and to advise around 50% more cases in 2012-13 with the same funding as last year.


"There are hundreds of thousands of people who need debt advice and can afford the fees our members charge – the cost of financial failure need not fall on the public purse. The OFT's guidance, and the work of trade associations like DRF will ensure consumers can go to a fee-charging debt resolution company in confidence that they will not be misled or their money mishandled."


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