The Summary Box: credit cards explained

December 21, 2003

We shouldn't criticise Gordon

Private debt is running at nearly five times the public borrowing of the Chancellor of the Exchequer

I was in Glasgow airport and a few minutes early for my flight. Normally, I would walk determinedly past the woman with the clipboard set to ask me questions about my opinions on whatever. But having evaded the last dozen or so young clipboard-bearers who have approached me, this time I thought, what the hell? I'll answer her questions; she's only doing a thankless job. In fact, as became clear within 30 seconds, I was being sold a credit card. I stopped the interview immediately, but too late: last Friday morning, the card duly arrived.
There was no formal check on my income, credit history or how many other credit cards I might hold, beyond taking my word about my income. Now, if I choose, I have another card to join my existing armoury. 'Welcome,' it says on the introductory letter. 'Start spending, start earning.' On the back of the offer letter, in micro print, which, none the less, I am urged to read carefully, there are the thinnest details of how the annualised percentage rate of interest (APR) is calculated. This is how credit is marketed these days.

We owe a cool £120 billion to Britain's credit-card companies. But as the Treasury and Civil Service Committee observed scathingly last week in its report on credit cards, the way we are sold credit cards and subsequently ripped off by the sky-high APRs is 'irresponsible' and 'unfair'; some consumers are 'sleepwalking into financial disaster'. It is impossible to be make comparisons between cards, said the committee, because the calculations about costs and rates are so varied.

Credit cards are marketed as if debt is easy to handle; the checks made by the companies are scant; and the whole industry is regulated with indulgent passivity by the Office of Fair Trading and the Department of Trade and Industry. The MPs, judging by my experience, are completely right.

Yet I doubt much will happen. Credit-card debt, like our mortgages - sold no less aggressively with parallel lack of care and transparency - are private transactions. And in conservative times, the basic view is that private is best and we should look out for ourselves. If companies are lending imprudently, that is their look-out. If consumers are being ripped off, then they shouldn't enter the contract. The presumption is that this realm of private is a superior moral universe into which the state and regulator should not intrude - or only as a last resort.

The banking industry's reaction is already clear. There will be a voluntary code next year in which every credit card will be marketed with an honesty box to allow comparison with others. The state can keep out, even if it was the palpable threat of state action that made them act. To get into debt is a democratic right, and to discriminate against the poor or foolish having the chance to exercise that right would be wrong. British households in the round have so much equity in their homes that the amount of credit is manageable. Select Committees, the OFT and the DTI are meddlesome and have no economic or moral case to get involved.

And yet. Credit card and mortgage debt have been growing at more than 10 per cent per annum for nearly a decade; the proportion of total private debt expressed as a proportion of GDP is nearly twice what it was 15 years ago, standing at more than 65 per cent of GDP.

The insouciance with which this is regarded, compared to the level of public debt, is startling. Gordon Brown has been subject to stern lectures by a bizarre coalition of the OECD, the EU, the Institute for Fiscal Studies and, last week, the IMF for daring to lift public debt as a proportion of GDP to 35 per cent, little more than a fifth of the level of private debt. The airwaves and newspapers are full of shrill economists warning of nemesis, an impending crisis of first magnitude, unless the Chancellor either raises taxes or cuts spending by up to £12bn a year.

It is an extraordinary ideological prism through which to look at the world. This month alone, we will rack up £13bn of credit-card debt in the run-up to Christmas. Some £40bn will have been withdrawn from our houses through remortgages in 2003. None of this can be criticised because it is private debt and private spending. Yet it has colossal economic consequences. Without it, there would be no continuing consumer boom, the great prop, along with the rise in government spending, of the British economy.

But at some level, private debt becomes genuinely unsustainable in a way public debt does not. Its privateness does not excuse it from having to be repaid. The Bank of England said last week that it is pressing for the banks to form a £2bn safety net if a bank gets into difficulties over unpaid debts; be sure that if and when one does, the risk of a wider default will be so real that the Government will have to step in.

But the bizarre coalition insists it is only the Chancellor's spending and borrowing plans that menace the economy, not irresponsible credit card and mortgage lending. He is urged to be restrained for, as the IMF says, faithfully parroting the Conservative line, public spending on health and education is showing uncertain results (unlike virtuous credit-card debt, say, which by comparison we must suppose is an universally valuable use of resources).

Yet as the Rowntree Foundation recently revealed, the NHS is showing measurable improvements. Mr Brown's spending increases are beginning to improve public services, filling the breach of decades of public neglect which requires ever higher investment just to stand still and which are boosting the economy just when world recession requires it.

Is it sustainable? You bet your life. Even the IMF had to acknowledge the economic record was enviable and the fiscal position at heart sustainable. The argument is about the timing of possibly introducing a tightening that represents a fraction of 1 per cent of GDP. In one respect, this is a tribute to Brown's rules which are still standing after nearly seven years, a postwar record.

His critics accept their validity but criticise him within that framework. Brown's crime is that he didn't foresee a £5bn shortfall of tax receipts this year and reckons the receipts in the next two years will return, albeit at a slower rate than in the past, hardly the assumption of a reckless spendthrift.

But suppose he is completely wrong. Even then, the level of public debt would still be well below 40 per cent of GDP, the level he chooses to constrain himself with. The Conservative proposition is that he should raise taxes or cut spending to avoid this risk, while the ever-expanding army of people flogging us credit cards and mortgages remains sacrosanct. So far, Brown has held the line. He should stick to his last. Let's have an honest conversation about debt, what is risky and what is not.

December 20, 2003

Property and equity still finding favour

IT IS that time again, when predictions for the year ahead are coming in thick and fast. Every fund manager with access to a computer has been e-mailing out their forecasts for stockmarkets in the year ahead. Mortgage providers too have been spouting forth about the prospects for the UK’s housing market in the coming year.

But where does this leave the investor? Which will be the star performer in 2004? Of course there are far more investment options than simply equities or property. But these are historically popular choices.

Halifax said it expects house price growth in Scotland to be 12 per cent in 2004 - which would add about £12,000 to the value of the average house in Scotland - while even the most optimistic of managers only expects the UK stock market to rise by "high single digits".

So in the next 12 months the experts are again predicting that property will outperform equities, as they have for the last four years, as the chart shows.

Interestingly, over the longer term there is very little to choose between these two asset classes. To mark the 20th anniversary of the launch of the FTSE 100 index, HBOS has calculated that while the FTSE 100 has risen by 330 per cent since its launch, house prices have risen by 333 per cent over the same 20-year period.

Not much difference at all, despite the efforts of each sector to persuade us otherwise.

Payback time

CREDIT providers, along with the watchdog set up to police them and the government department supposed to regulate them, all came in for a roasting this week when the Treasury Select Committee published its report into the UK credit industry.

Scathing is an understatement. John McFall, chairman of the committee and MP for Dumbarton, said the industry had served consumers badly. He also warned the DTI not to dither in bringing its proposed Consumer Credit Act into law.

McFall said he wanted a single definition on Annual Percentage Rate (APR) to be adopted as a matter of urgency, and he also wants to get rid of what the committee held to be deliberately obscure and opaque practices that kept consumers in the dark about the exact cost of borrowing.

It is hard to see how anyone when faced with the reality - that even a modest credit card balance could take up to 44 years to pay off if only the minimum requested each month was paid off - would not redouble their efforts to pay down debt, at the very least starting to pay off more than the minimum requested from their credit card company.

But not all providers are to be hauled over the coals. Nationwide was praised by the committee for its fair treatment of cardholders. Unlike some of its rivals, the building society ensures that when spending on a card attracts different rates of interest, it is the balance with the higher rate that is paid down first.

And it has already put the US-style summary box proposed by the Treasury committee on its credit card literature, ahead of the agreed industry deadline of April 2004, and this week announced it will add the boxes to its current account literature.

The box outlines rates and charges, making it easier for consumers to find all the key features of a current account. Nationwide is calling on its Big Four bank rivals - which between them have 39 current accounts - to follow suit.

Not good enough

CONTINUING the theme of consumers getting a raw deal, extended warranties - or rather the companies that sell them - also came in for heavy criticism as well this week. However, the OFT sadly did not follow up its tough words with tough action.

Despite describing many extended warranties as "unfair, uncompetitive and expensive", the OFT has decided to allow sales staff in electrical retailers to continue to bombard customers with dire warnings of what will happen if shoppers do not take out an extended warranty to protect their new toaster.

Even shoppers who refuse the extended warranty at point of sale subsequently face being inundated with letters, again offering them this cover, when the automatic manufacturer’s guarantee comes to an end.

Just exactly how toothless the OFT’s newly-tightened rules on how extended warranties can be sold by retailers can be clearly seen by the fact that Dixons - which makes around 40 per cent of its profits from sales of these policies - saw its share price rise almost 5 per cent on the news.

Anyone buying a major electrical appliance in time for Christmas should remember that most come with an automatic one-year manufacturers guarantee.

And companies such as British Gas and Direct Line and some insurers offer homecare schemes which cover - and replace - a number or all household electrical appliances for considerably less than the cost of one extended warranty.

Consumer champion

THERE was one tiny glimmer that at least one of the bodies established in part to protect consumers’ financial interests is at last beginning to find its teeth when City watchdog the Financial Services Authority handed down a £675,000 fine to insurance group Friends Provident.

Although the size of the fine barely dents the profits of a company that made a £305 million operating profit last year, it is significant as the fine was levied because of the abysmal way in which Friends was deemed to have treated its customers, specifically those who had complained about the possibility of being mis-sold endowment policies.

A friend for consumers at last.

December 18, 2003

MPs blame credit card industry for debt woes

The credit and store card industry came under heavy criticism from MPs yesterday in a report published by the Treasury Select Committee as the Government announced plans to make consumer credit disputes easier to resolve.

The select committee, which has been investigating credit and store card providers since the summer, concluded that lack of transparency in terms and charges had contributed to the accrual of "serious personal debts" in the UK.

John McFall, chairman of the committee, said that as £120billion was spent on cards in 2002, and £13billion is expected to be spent this Christmas alone, "it is vital that people know they are being treated fairly and reasonably". He added that consumers had been "badly let down" by card companies whose lack of transparency left them confused about charges and unable to shop around.

The committee found that marketing practices were "highly misleading and highly damaging" to the interests of consumers, and could lead to people "sleep-walking" into debt.

Other problems included two different ways of calculating APRs (annual percentage rates), and 10 ways of calculating charges. The committee claimed the Department of Trade and Industry had been busy launching consultations but had not acted, while the Office of Fair Trading had been passive.

Last week the DTI published a white paper outlining proposals to renovate the 1974 Consumer Credit Act. It also promised to clamp down on loan sharks. Yesterday it announced plans to introduce quicker dispute resolution procedures for consumer credit.

The OFT has launched an informal investigation of store cards and aims to publish findings of a "fact-find" into consolidation loans early next year. The Treasury Select Committee has already extracted a promise from the credit card industry to design and publish a "summary box" with all marketing material to enable consumers to compare cards more easily.

The Consumers Association hailed the report as a "victory for consumers". Mike Naylor, senior researcher at Which?, the magazine of the Consumers' Association, said: "This is great news for consumers and throws light on the opaque credit card market. We hope that the verdict will force the industry and regulators to drive out the underhand practices used to hoodwink its customers."

The OFT also welcomed the MPs' report. Martin Hall, director general of the Finance & Leasing Association, which represents the UK consumer credit and asset finance sectors, said its members were already committed to improving transparency.

MPs condemn UK credit card firms

Credit card firms have been accused of "misleading" their customers by an influential committee of MPs.
The 71 page report from the Treasury Select Committee condemned firms for unfair charges and complex small print.

Regulators were criticised for being "too passive" and "behind the times" in safeguarding customers.

The report called on credit card firms to stop raising credit limits without customer permission and ensure transparency over rates and charges.

John McFall MP chairman of the Treasury Select Committee concluded: "Consumers are good for the industry, but the favour is not returned."

Furore

The Treasury Select Committee began the review of the UK credit card industry in July.

In 1971 only one type of credit card was available, compared to around 1,300 credit cards on the market now.

In October, Matt Barrett chief executive of Barclaycard - the UK's largest card provider - caused a furore when he said that the interest rate charged by his firm made credit cards too expensive for "chronic borrowing."

MPs poured scorn on the different methods used to calculate the size of interest payments for credit card customers.

The committee said it was "astonished" that the method for calculating the Annual Percentage Rate (APR) payable differed between firms.

In fact, there are currently 10 different ways of calculating APR being used by UK credit firms.

Exorbitant

The Committee said that lack of transparency allowed some credit and store card providers to get away with charging exorbitant interest - often seven or eight times Bank of England base rate.

The report called for the upcoming Consumer Credit Act to include legislation imposing a single method for calculating APR.

In addition, the committee called for the urgent inclusion of summary boxes in all customer account statements and credit agreements.

We hope that the verdict will force the industry and regulators to drive out the underhand practices used to hoodwink its customers
Mike Naylor, Consumers' Association
Summary boxes will outline terms and conditions in plain English and the length of time it will take to pay off debt if consumers make just the required minimum repayment.

Regulatory failure

In a bid to tackle irresponsible lending the report calls for firms to stop sending unsolicited credit card cheques to their customers and to loan on the basis of income and current credit commitment rather than just payment history.

Some of the strongest criticism in the report was reserved for credit industry regulators.

The regulator's regime was condemned as no longer fit for the purpose.

The Department for Trade and Industry (DTI) and Office of Fair Trading was accused of launching consultation exercises with the industry while failing to tackle some of the worst excesses of the UK credit market.

DEALING WITH DEBT

Underhand

The DTI unveiled a host of proposals to combat sharp practices recently in the Consumer Credit White Paper.

Proposals included a duty on lenders to increase the size of small print and also to stop charging fees on loans settled early.

Consumer groups welcomed the conclusions of the select committee report.

"This is great news for consumers and throws light on the opaque credit card market," Mike Naylor of the Consumers' Association said.

"We hope that the verdict will force the industry and regulators to drive out the underhand practices used to hoodwink its customers."

Lenders already committed to greater transparency

Responding to the publication of the Treasury Committee’s Report on the Transparency of Credit Card Charges, the Finance & Leasing Association (FLA) has confirmed that its members are committed to transparency in consumer lending, including credit and store cards.

Martin Hall, Director General of the FLA, the largest UK representative organisation for the UK consumer credit and asset finance sectors, comments:

“Our members are committed to responsible lending and greater transparency, including upfront information similar to US style ‘honesty boxes’ – commonly known in the UK as summary boxes.

"We have been working on openness and full disclosure for a long time, even before the focus from the Treasury Committee. The FLA reached agreement over the summer with all our store card members that they will include a ‘summary box’ containing key information such as APRs and interest free periods. This will make it easier for consumers to compare like-for-like and shop around for the best deals.

“The summary box will be positioned prominently on store card adverts, direct mail promotions, freestanding leaflets and inserts. So consumers will have easy access to the full facts about cards. However, we do not accept the Committee’s suggestion that the print in the box should be of a particular size. It is generally accepted that prescribing a minimum font size, for example, is not appropriate for all media, including computer screens. What is important is a commitment to openness and prominence of information.

“Paying on plastic is highly valued by both consumers and retailers. The industry is very competitive with great deals including introductory offers and discounts. Rates and product features do vary, so it is important that consumers who use our members’ cards are clear about the product, charges and interest rates. The FLA’s Consumer Code of Practice requires members to be open and transparent so that consumers don't feel duped. We believe the proposed ‘summary box’ helps make products crystal clear."

Credit card companies 'let down' customers

Credit and store card companies were today slated by MPs for a lack of transparency, irresponsible lending and charging excessive interest rates.

The Treasury Select Committee said consumers had been "badly let down" by card companies whose lack of transparency left them confused about charges.

It added that the companies marketing practices were "highly misleading and highly damaging" to the interests of consumers, and could lead to people sleep-walking into debt.

In a highly critical report it said problems included having two different ways of calculating APRs, which measures how much interest is charged.

There are also 10 different ways of calculating charges on cards, making it difficult for consumers to know if they have a good deal.

The committee said the regulatory regime governing credit and store cards was from a "bygone age" and had failed to keep pace with changes in the market.

John McFall, chairman of the Treasury Select Committee, said: "During the Christmas period £13billion is expected to be spent on credit cards.

"Consumers are good for the industry, but the favour is not returned."

The report called for a number of reforms.

Those include the introduction of a single method for calculating APRs, as planned by the Government in its Consumer Credit White Paper, and standardising the way interest charges are calculated.

The report also wants a summary box containing key information to be included on people's monthly credit card statements.

This will appear along with information on how long it would take to repay the debt if they made only the minimum payment each month.

The committee said it will be monitoring the actions of the industry, Government and the regulators during the next six months to ensure the market becomes more transparent and more competitive.

Credit card industry under fire

By Sean Farrell
LONDON (Reuters) - The Treasury Select Committee has ordered the country’s booming credit-card industry to stop overcharging and misleading customers.


The committee said in a report on Thursday that firms took advantage of outdated legislation to avoid improving information and service they give customers. It told lenders, the regulator and the government to implement measures to protect customers from excessive charges and misleading information.

The committee started its inquiry in July and grilled the chief executives of Britain’s biggest credit-card companies. If the committee’s instructions are ignored it will hold further hearings to find out why, Chairman John McFall told Reuters.

"The consumer is getting a bad deal," McFall said in an interview on Wednesday. "The industry have gone ahead and thought about themselves almost exclusively, to the detriment of the customer."

Credit-card spending rose to 120 billion pounds last year from 30 billion pounds in 1993 according to Bank of England figures. The amount owed on credit cards has jumped to 52 billion pounds from 10 billion pounds in that time, fuelled by the current consumer boom.

The industry has already responded to the committee’s inquiry by agreeing to have a summary box listing charges on all promotional material. The report said the box must be in large type and should include examples of the cost of borrowing.

MASKING COSTS

Lenders can charge "excessive" rates because annual percentage rates (APRs) are calculated in two different ways and can mask the true cost of borrowing, the committee said.

The committee criticised the Office of Fair Trading consumer watchdog and the Department of Trade and Industry for not clearing up APRs earlier. It said they should introduce a standard APR before planned legislation takes effect in October.

"What we have seen with the DTI is endless rounds of consultation, with the outcome that there is more consultation," McFall said. "We need action."

Lenders charge unreasonable penalty fees and sometimes use misleading marketing, the committee said. They should vary penalty fees according to the size of the customer’s balance or credit limit.

"A lot of the recommendations are very fair," said a spokeswoman for APACS, the card industry’s trade body. She added that some measures, such as on penalties, did not take account of the fact that credit-card lending is a commercial business.

The report accused Barclays, Britain’s biggest credit-card lender, of "sharp practice" for its "0 percent forever" product. The offer lets people pay no interest on money transferred to the card but requires them to spend 50 pounds a month at a typical 17.9 percent that they cannot repay before the interest-free balance.

The OFT ordered Barclays to change its advertising for the product last month. The committee said the product still encourages customers to get into more debt.

"Where they are looking to restrict our ability to give competitive offers to our customers, we will have to agree to differ," a Barclaycard spokesman told Reuters.

The industry should put a limit on unrequested increases to a customer’s credit limit to avoid encouraging people into debt they cannot afford, the report said.

The report criticised Britain’s retailers for overcharging on store cards and for having a "cosy relationship" with lenders that produce cards charging up to eight times the Bank of England base rate of 3.75 percent.

"The response from these companies is that they don’t have any control over the interest rates," McFall said. "We find that amazing."

MPs attack credit card firms for 'highly misleading' practices

CREDIT and store card companies were criticised by MPs yesterday for a lack of transparency, irresponsible lending and excessive interest rates.

The Treasury select committee said consumers had been "badly let down" by card companies whose lack of transparency left them confused about charges and unable to shop around.

It added that companies’ marketing practices were "highly misleading and highly damaging" to the interests of consumers, and could lead to people sleep-walking into debt.

In a highly critical report it said other problems included having two different ways of calculating APRs, which measure how much interest is charged, and ten different ways of calculating charges on cards making it difficult for consumers to know if they were getting a good deal.

It added that a lack of transparency also stopped competitive pressure working properly and meant interest rates could be very high.

The committee said the regulatory regime governing credit and store cards was from a "bygone age" and had not kept up with changes in the market.

It said the Department of Trade and Industry had been busy launching consultations but had not acted, while the Office of Fair Trading had been passive.

John McFall, the chairman of the Treasury select committee, said: "Consumers have been badly let down by credit and store card companies.

"During December, the Christmas period, £13 billion is expected to be spent on credit cards. Consumers are good for the industry, but the favour is not returned."

The report called for a number of reforms including the introduction of a single method for calculating APRs, as planned by the government in its consumer credit white paper, and standardising the way interest charges are calculated.

It said that while the industry was committed to introducing a summary box, which will contain key information on rates and charges, in marketing material by April, it would like to see this requirement included in the Banking Code.

It also wants the box to be included in people’s monthly credit card statements along with information on how long it would take to repay their debt if they made only the minimum payment each month.

The committee

also called for an end to the situation where consumers do not know what rate they will be charged on a card until it is issued because of risk-based pricing.

The committee wants a limit to be placed on unsolicited increases in consumers’ credit limits, unsolicited credit card cheques to be banned and assessments of people’s ability to repay to be based more on their overall income and other credit commitments and less on just their repayment history.

December 17, 2003

Banks cash in on UK debt mountain

MILLIONS of Britons may be slipping into financial disaster because of the confusing small print on credit card agreements, MPs will warn.

The Treasury Select Committee is furious that the big banks are using interest rate cons and hidden penalties to cash in on the country's mounting debt crisis.

Profits for the major High Street lenders are soaring while family debts rise to an all-time high of £168bn, excluding mortgages.

In a report to Parliament, the committee is expected to call on the Chancellor to make good a promise to create a new watchdog to police bank charges. The idea was first suggested two years ago by a Treasury inquiry, but not implemented.

One MP on the committee said: 'Spiralling debts mean spiralling profits for the banks. They are cashing in because many customers do not understand what interest rates and charges will be imposed.

'In those circumstances, Britons risk sleepwalking into disastrous levels of debt. The industry appears to be doing its utmost to disguise the true cost of credit and store cards. We believe that light needs to be shed on this area.'

Barclays, Lloyds-TSB, RBSNatWest and HSBC all offer credit cards with interest rates of around 17%. This is a huge profit margin when set against the Bank of England base rate, which is currently 3.75%.

Just last week, Trade Secretary Patricia Hewitt said the average family could save £400 by switching to a cheaper deal. She has cut up her own card.

The MPs' report will also attack major retailers for offering store cards with interest rates of up to 30%.

The committee says that banks are reducing customers' minimum monthly payments in a way that allows the interest and size of the debt to balloon. It says lenders are recklessly throwing money at people, including hard- pressed students, without properly checking their ability to repay.

The MPs believe that too often advertisements boast about low or zero introductory charges without clearly stating the long-term interest rates.

Charges buried in the small print - such as a £20 penalty for going over the credit limit, 2% to 3% on cash advances and 2.75% on purchases abroad - can soon send debts spiralling out of control.

Some banks are introducing credit card chequebooks, which can cost 2% to 3% to use.

Barclaycard increased profits by a massive 24% to £316m in the first half of this year. Lloyds-TSB profits are expected to climb £700m this year to around £3.4bn.

Matt Barrett, head of Barclays, triggered anger while giving evidence to the inquiry by saying he would never borrow on his own bank's credit card.

The banks have tried to head off criticism by promising to print a so-called 'Honesty Box' on credit card contracts, detailing interest rates and charges.

But the idea has a major flaw. The banks cannot agree on how to show the APR - the annual percentage rate of interest, which applies to outstanding balances.

Two cards with the same APR can charge very different sums, depending on the length of time for which the interest is applied.

House of Commons - Treasury - First Report

PDF: http://www.publications.parliament.uk/pa/cm200304/cmselect/cmtreasy/125/125.pdf

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Commons to be printed 10 December 2003.

CONTENTS

Terms of Reference


REPORT

Summary

The issues

Transparency

Transaction / penalty charges

Over-indebtedness and responsible lending

Store cards

Conclusion


1 Introduction

This Inquiry

The credit card industry

The level of interest rates charged

Regulatory environment

Self-regulation

European regulation


2 Transparency: increasing clarity in credit card charges

Transparency and competition

Summary Box

The need for a summary of key information

Content of Summary Box

Format and placing

Information on monthly statements

Annual Percentage Rates (APRs)

Interest calculation method

Risk-based pricing

Order of payments

Transaction / Penalty charges

Transparency

The level of fees charged

Promotional rates


3 Over-indebtedness and responsible lending

Over-indebtedness

Responsible lending

Automatic raising of credit limits

Increasing overall credit availability on transfer/conversion of balances

Inadequate credit checking

Credit card cheques

Minimum repayments

Other marketing practices

Payment protection insurance

Responsible borrowing


4 Store Cards

Background

Transparency

Interest rates

Retailers' responsibility

Point of sale practices

Conversion of store cards to credit cards


5 Financial literacy

Raising standards

Education in relation to debt


6 Conclusion

Conclusions and recommendations



Formal minutes of the Committee relating to the Report

Witnesses

List of written evidence

List of unprinted written evidence

List of Reports

MINUTES OF EVIDENCE - VOLUME II (HC 125-II)
Tuesday 1 July 2003
Wednesday 9 July 2003
Monday 14 July 2003
Tuesday 9 September 2003
Thursday 16 October 2003
Tuesday 4 November 2003

WRITTEN EVIDENCE - VOLUME II (HC 125-II)

December 14, 2003

Credit crackdown as debt levels soar

It should become easier to compare loans and credit cards, but penalties for early repayment will remain. By Clare Francis

THE government is to crack down on lenders as consumer debt soars, but it will not stop firms from imposing penalties on borrowers who clear their debts early.
Bank of England figures show that we have borrowed about £11.5 billion this year on personal loans and credit cards.

Reforms proposed in a white paper, published last week, aim to make the terms and conditions of credit cards and personal loans more transparent. They would also force lenders to use fairer methods of calculating interest rates and other charges.

There are more than 1,300 credit cards on the market from about 60 issuers. If you want a personal loan, you have a choice of about 400.

But it is difficult to compare offers, so consumers do not always get the best deal. Richard Mason at Moneysupermarket, a financial website, said: “Consumers find it almost impossible to compare like with like, so sourcing the best deal can be very difficult. The need for standard information when promoting these products is increasingly important.”

Lenders calculate the annual percentage rate (APR) in different ways. So you may pay different amounts of interest on two cards with the same APR.

The Consumers’ Association looked at the way a number of credit-card companies calculate interest. It then applied an APR of 18.9% to all the deals and worked out how much they would charge over two months if you made a £300 purchase, followed by a £150 purchase and then a payment of £100.

If you had an Alliance & Leicester Diamond, a Lloyds TSB Asset Advance or a Bank of Scotland OneVisa card you would pay £9.54 interest. Egg, HSBC and Intelligent Finance would charge only £5.50.

The Department of Trade and Industry (DTI), which produced the white paper, is demanding that the credit industry adopt a standardised way of calculating the APR. However, it has not yet worked out how to simplify the system. It will therefore consult on the issue and make a further announcement next spring.

Some lenders use a credit test to determine the rate. The better your score, the less you pay. The firms quote a “typical” rate on advertising and promotional literature, which is the rate given to more than 50% of successful applicants. Under the proposed laws, at least 66% of people who sign up for the deal would have to pay the typical rate.

Experts welcomed the changes, but some were critical that the white paper does not propose a cap on interest, despite condemnation of extortionate rates by a Treasury select committee. Mason said: “Some store cards charge more than 28%, and you can pay 25% or higher on some loans. We believe the government should consider a ceiling on interest rates.”

The proposed reforms will also do nothing to prevent early redemption penalties. About 70% of personal loans are cleared early, yet nearly 80% of lenders penalise customers, according to Datamonitor, a market-research firm.

Borrowers are charged an average penalty of two months’ interest, according to Egg, an internet bank. It estimates that redemption penalties cost borrowers £332m a year. Lenders that do not charge early redemption penalties include Egg, Intelligent Finance (IF), Cahoot, Virgin, Nationwide, Barclayloan, Woolwich and Morgan Stanley.

If you took out a £10,000 loan with an APR of 7.9%, repayable over five years, but cleared the debt in half the time you would be charged £67.86 in penalties. This assumes the redemption penalty is two months’ interest.

Laurance Baxter of the Consumers’ Association said: “Debt is booming, so it is disappointing that the government has failed to put an end to early settlement fees for all borrowers. Some lenders have already abolished them and the government should force the rest to follow suit.”

The way in which lenders calculate redemption penalties will change, however.

At present, interest is usually staggered, so in the early years a higher proportion of the repayments is interest, leaving you with a larger amount of capital outstanding. From 2006, however, lenders will have to use a method known as the actuarial rule, which should even out the split between capital and interest in the monthly repayments.

Companies will also have to display the penalties for early settlement and the maximum charge will be capped at one month’s interest. They will need to give three examples of the charge at different stages of the loan term, to be shown in an “honesty box”. The box will also display all the costs and rates of interest.

December 10, 2003

R.I.P. Small Print

SMALL PRINT has been erased, rubbed out, deleted. As singer Tom Waits said nearly 30 years ago, in a phrase that has become a fitting epitaph: "The large print giveth and the small print taketh away."

For Small Print is dead.

It is being carried off not in a wooden box, rather a "Schumer box". That is the name of the panel that, in future, will gather together all the key disclosures spread throughout credit agreements, into one clearly highlighted place.

It is named after Senator Charles Schumer, the man behind the US Truth in Lending Act. The new proviso is part of the Consumer Credit White Paper.

Big time

In life, Small Print was much misunderstood and often overlooked. As a result, much about its life was shrouded in mystery. On its rare forays into the world of big print it was usually subjected to ridicule and abuse.

THE SMALLEST EVER

The smallest small print ever was on an Alliance and Leicester bank credit card agreement

Its 10,000 words on one side of A4 would have taken more than an hour to read aloud

Source: The Plain English Society

What are Schumer boxes?

Small Print first gained a toe-hold in polite society in the 14th Century, when legal documents were often written in Latin and French. That is how phrases such "last will and testament" - the words mean essentially the same thing - made their way into the language. And stayed there.

Legal drafters were paid by the word in those days and their verbose language - the "party of the first part" and so on - has survived to the present day.

But Small Print did not hit the big time until late in life, in the litigation-happy 20th Century, finding its metier in financial advertising. All those awkward little phrases; words required by law, but not good for business.

But not any more. Because although small print - in terms of diminutive font sizes - will live on, Small Print, weasel words specifically designed to help you sign your life away, is dead.

No flowers.

Some of your tributes

We will miss you small print notwithstanding that the tribute contained herein is given without prejudice and without any admission of liability should the said tribute be in a font not large enough to be read by a reasonable man lacking a magnifying glass and whom is likely to have his statutory rights affected if he does not read the aforementioned tribute within the time stipulated in Annex A (attached in even smaller print) before the small print for whom the tribute is intentioned is finally laid to rest.
Dee Cavanagh, UK

So long small print. I will make sure your details are passed onto other organisations who may contact you with details of other products you may be interested in.
Ronnie, UK

Vacancy: Small print re-draughters required. Only terms and conditions apply need apply.
Paul Villa, Wales, UK

Not gone - merely enlarged
James Bridgland, UK

Please use an electron tunnling microscope to read the tribute enclosed on the fullstop.
Richard Dzien, UK

I don't remember signing up for this.
R.Hay, UK

Good night, sweet prints.
Adam Christmas, London, UK

It was, but won't be, sorely missed.
Mick Moilon, UK

December 9, 2003

End to the £2bn credit card rip-off

A HUGE clampdown on the £2bn scandal of Britain's rip-off credit cards has been launched today. Ministers will unveil tough measures to counter the 'dirty tricks' used by banks and other credit card companies to trap people into expensive borrowing.

Borrowers and watchdogs will also be given new legal powers to strike back and help break the spiral of debt.

They include:

- An end to 'the APR maze' that has allowed lenders to confuse borrowers with misleading and inconsistent calculations of interest rates. There are at least 10 different ways of working out an APR (annual percentage rate).

- A standardised Government approved interest rate that will have to be shown in a so-called 'honesty box' on all credit card advertising and promotions. This will also have to display information on charges and penalties.

- A legal power for borrowers to challenge their lenders in court if they believe they have been tricked into taking out expensive cards through the use of 'illegible' small print.

- A new 'clear, fair and not misleading' legal test for the mountains of glossy advertising literature on cards and loans churned out by lenders.

- Rules for people who settle loans early that will stop them being hit by heavy 'early repayment charges'.

- A free hot-line for people who are worried that their finances are sliding out of control because they have borrowed too much.

- A loan-shark hit squad that will work with undercover police on Britain's toughest estates to root out gangs of criminals who lend people more than they can afford and then threaten them with violence when they cannot repay the money.

- Tougher checks on the backgrounds of people who apply to be licensed money lenders. There will also be new powers for the Office of Fair Trading to fine and raid the premises of cowboy lenders.

Ministers will also reveal new Government figures showing that the average British household could save £400 a year, or around £1.9bn across the economy as a whole, by switching to a cheaper credit card.

They also reveal that 84% find the paperwork sent out with credit card agreements confusing. The measures are in a White Paper on consumer credit launched today by Trade Secretary Patricia Hewitt.

It is the first serious attempt to rein in Britain's booming credit industry since the original Consumer Credit Act was passed in 1974.

Then, there were just two credit cards, Barclaycard and Access, compared with the 1,300 now on offer. There has been growing concern that credit card companies are weakly regulated and have been allowed to suck the British public into unprecedented levels of debt through aggressive campaigns.

The total level of personal debt in Britain is expected to pass the £1 trillion barrier - about the same size as the entire economy - for the first time next year.

Hewitt said: 'Consumers are often bombarded by complex loan offers and confused by reams of small print. They need better information when choosing between loan deals, and to be clearer about their rights. The UK's credit laws are long overdue for reform.'

The measures will start to come into force next October.

Would you credit it?

- The credit card was born in Britain 1966 when Barclaycard was launched.

- There were already three charge cards - American Express, Diner's and Eurocard but none allowed borrowing beyond the end of the month.

- By 1969 British credit card holders had rung up a paltry £3m of credit card borrowings, around £32m in today's money.

- The figure today is £52bn, about 1,500 times more.

- Now there are more than 1,300 UK credit cards with dozens more being launched monthly.

December 8, 2003

Credit law to end pain of small print

SWEEPING changes to Britain’s consumer credit laws will see an end to confusing small print and exploitative credit deals that cost borrowers more than £60 million a year.

Debtors trapped by hidden charges will receive what amounts to a "get out of jail free" card under the government’s new white paper published today.

They will be able to bring legal challenges over unfair deals if they can prove charges were not properly explained by their credit company or hefty financial penalties were imposed for early settlement of debts.

Loan companies entering the credit business will be vetted under new powers given to the Office of Fair Trading, with more thorough research into their history, surprise raids and fines for those who lead borrowers astray or overcharge.

Other major reforms expected include plans to set up a new telephone debt advice service to give free information to consumers who get into difficulties.

In a bid to make the industry more transparent it is expected the government will require lenders to provide standard information on products in adverts and promotional leaflets, and increase the size of small print.

American-style honesty boxes, presenting in a standardised and unambiguous way exactly what is being agreed, how much will be repaid and what charges and penalties could be incurred, will become mandatory.

The move has been welcomed by debt counselling agencies, struggling to cope with the thousands of people falling foul of Briton’s multi-billion pound credit explosion.

According to government research released yesterday, 75 per cent of Britons do not understand credit adverts, and more than eight in ten are confused by the small print of the forms they sign.

In October, Matt Barrett, the chief executive of Barclays, admitted he would not use the credit card issued by his own bank, or any other company, because it was too expensive.

Under ‘Rule 78’ financial companies are currently permitted to impose heavy penalties on borrowers who pay off their loans early, forcing them to pay most of the interest that would have been due if they had kept the loan for the full term.

Around 70 per cent of loans are currently paid back ahead of time, but despite this consumers are often hit with heavy charges.

The Consumers Association has called on the government to set a limit of one month’s interest on penalties for early payment, so encouraging borrowers to get out of debt.

Put forward by Patricia Hewitt, the Secretary of State for Trade and Industry, it is hoped that the series of measures will make it easier for people to shop around and understand what they are signing up for when they borrow money.

It is understood that the powers will be retrospective, making them applicable to contracts already agreed and thereby allowing borrowers trapped in unfair deals to challenge lenders. The fairer rules could save consumers around £60 million.

Ms Hewitt said: "Consumers are often bombarded by complex loan offers and confused by reams of small print. Our use of credit and the amounts available have changed significantly since the rules were put in place. This research shows they need better information when choosing between loan deals and to be clearer about their rights.

She added: "The UK’s credit laws are long overdue for reform. The DTI’s review of the Consumer Credit Act will bring our regime up-to-date for the 21st century."

Borrowing has never been easier since consumer credit laws were drafted 30 years ago, and credit card debt has doubled in the past four years, with the nation now up to £168 billion in the red.

Competition for customers is so strong between the 1,300 companies offering cards today that the Royal Bank of Scotland even offered a dog named Monty a gold card with £10,000 spending limit and free air miles.

Frances Walker, a spokeswoman for Scottish Debtline, a subsidiary of the Consumer Credit Counselling Service, said: "Hopefully, as a result of this white paper, things will become a lot more transparent. These changes are absolutely to be welcomed."

Carolyn McAdam, head of group communications for the Royal Bank of Scotland, said: "There is nothing new in measures such as the honesty box, which is being introduced across the board within the credit card industry in January.

"With regard to the rest of the white paper, we very much look forward to receiving a copy and will then be reviewing its contents closely."

• A PUBLIC relations assistant who has racked up about £8,000 of debt welcomed the government’s move to vet money-lending businesses yesterday.

Debbie Gemmil, 30, who lives in East Lothian, said she was worried about how she was going to pay off arrears she has accrued with her husband, Duncan, 29, on credit cards and an overdraft.

The pair, who were forced to flee their home in Zimbabwe when their land was reclaimed by the government last year, are now hoping for a miracle to help them to combat their financial problems.

Mrs Gemmil said she had been subject to hidden charges and blamed financial institutions for forcing her into a "trapped" situation.

Mrs Gemmil, who lives in East Linton, said: "I got a letter the other day from the bank with more charges, and I don’t even know what they are for. It is all mounting up, and we can’t even get a loan to pay off the debt.

"We are trapped. Every month we are just paying back interest, and we don’t want to get into more debt.

"This new white paper is a good thing if it stops financial institutions charging astronomical interest rates. We have constantly been looking at ways out and need someone that will give us advice.

"Another thing which needs to be looked at is the system of loan repayments. The bank won’t let you pay off chunks of a loan, but instead insist you pay off the whole thing, or continue making the monthly installments."

OFT in Blitz on Loan Sharks

First changes to credit laws for 30 years as concern over consumer debt mounts

The Office of Fair Trading is to be given new powers to clamp down on loan sharks under the first major changes to Britain's consumer credit laws for 30 years.
In a long-awaited white paper, to be published today, the government is also expected to outline changes to the way lenders advertise the interest rate they charge for loans and credit cards.

The Department of Trade and Industry is expected to require credit card companies to publish a "summary box" that outlines their interest rates and other charges to make it easier for consumers to compare rival products.

The white paper is being published at a time of mounting concern about the level of consumer debt as interest rates are beginning to rise from their lowest levels for 40 years. The government calculates that the amount of consumer debt has mushroomed from £492m in 1969 - about £5.25bn at today's prices - to £168bn now.

Customers are also confused about the loans they take out. An opinion poll by Mori found that 76% of people found the language in consumer credit advertisements confusing and 84% found the language in the paperwork confusing.

The poll also found the term APR, used by credit card providers and other loan companies to describe the rate of repayment, perplexing. Some 59% of consumers could not correctly describe APR as annual percentage rate.

But, the research for the DTI found that 83% of consumers looked at APR when deciding which of the country's 1,300 credit cards to apply for.

The OFT plays a crucial role in cracking down on unscrupulous lenders but can only strip such providers of their licences. The white paper will give it intermediary powers, described as a "yellow card", to warn lenders of bad practices which may be driving consumers further into debt. Consumer bodies are likely to support these measures as they feel that at the moment only the most serious of offences can be tackled by the OFT.

The OFT will also be able to carry out more regular checks on lenders. Current rules only allow the regulator to make checks every five years.

The white paper also plans to update consumer credit laws for the new millennium. Credit transactions on the internet will be subject to specific rules, which will allow consumers to complete loans electronically. At present, consumers still have to sign forms manually that they have been sent over the internet.

The white paper is the first major update of the 1974 Consumer Credit Act, introduced shortly after Barclays launched the country's first credit card, Barclaycard. Consumer bodies and the financial services industry agree that the rules desperately need revision. The industry is particularly keen to clarify the use of APRs, which are calculated using two different formula and do not always produce the same rate of repayment.

· A reduction in the behind-the-scenes fees that credit card providers charge retailers could cost the industry more than £450m, research by PricewaterhouseCoopers predicts today. The fees, known as interchange fees, could be cut by the OFT. PwC predicts this could lead to higher charges for credit card users and fewer reward programmes for consumers.

Why do we need new credit laws?

The first big shake-up of UK consumer credit laws for more than 30 years has been unveiled amid growing levels of personal debt.

BBC News Online explains why the new laws are needed - and what they could mean for borrowers.

What's wrong with the existing rules?

Consumer groups say the main law that governs the marketing and administration of credit to consumers - the Consumer Credit Act 1974 - is now too lax and no longer provides foolproof protection for consumers.

They say the credit landscape has changed dramatically over the last 30 years: In 1971 only one type of credit card was available, compared to around 1,300 credit cards on the market now.

And the amount of money owed on credit cards back then was £32m but now it is over £49bn.

So are lax laws to blame for problem of debt?

People get into debt for a variety of reasons. More often than not it is a change in circumstance, such as a divorce or loss of a job that can send someone into the red.

However, consumer groups say the complexity and lack of transparency of some financial products make it difficult for consumers to pick the right product for their needs.


DEALING WITH DEBT

There is criticism of the way loans often tie people in for the long-term, and include penalties for early repayment.

There is also concern that lenders are failing to act responsibly by making sure consumers can afford the cost of credit.

And there is a lack of clarity about whether aspects of the law protect shoppers overseas.

Why has it taken so long for the credit laws to be reviewed?

It has taken the government three years to get to the white paper stage, when proposed legislation is published to allow for consultation.

The process started with a task force on over-indebtedness, and in 2001 the Department of Trade and Industry announced a review into the 30-year-old Consumer Credit laws.

But any law changes are still some way off.

Parts of the legislation are due to come into force during October 2004, some in April 2005.

The Treasury Select Committee is also looking into credit and store card charges, transparency of credit agreements and the Annual Percentage Rate (APR) that lenders charge.

How bad is the problem of debt?

Bankruptcies are at a 10-year high, and the Citizens Advice Bureaux says that more people are getting into problems.

It has seen a 46% increase in the number of people seeking help with their debt problems.

Since 1997, average personal debt has risen by 50%. We now owe an average of £5,330 in unsecured debt, which excludes mortgages.

One in seven adults in the UK is affected by loan sharks and sub-prime lending of some kind, which the Consumers' Association says is costing the UK economy £16bn per year.

What is changing?

Rules which penalise consumers who pay back loans early are to be scrapped.

Around 70% of all personal loans are settled early but often under the weight of heavy charges.

The government believes reform of early settlement charges will benefit consumers to the tune of £60m.


WHAT ARE SCHUMER BOXES?
A Schumer Box draws together all the key disclosures spread throughout the small print of a credit agreement into one highlighted place
The aim is to make it easy to understand and make comparisons between products
Schumer Boxes are a statutory requirement in the USA under the Truth in Lending Act
They are named after Senator Charles Schumer who led the passage of a bill through the US Congress in 1988
To improve transparency, small print on credit agreements will have to be enlarged and lenders will need to provide a range of information about the credit deal in a so-called "honesty box", similar to the "Schumer box", used in the US.

Lenders will also have to improve the way they advertise products, so that they are easier to compare.

What about dodgy lending practices?

The government is also introducing a range of measures to clampdown on irresponsible lending.

It will strengthen credit licences, and put debt management companies and rogue money lenders under closer scrutiny.

New powers will be given to the Office of Fair Trading - responsible for enforcing consumer credit laws - to fine lenders and conduct surprise raids on loan companies.

It also plans a new telephone gateway to debt advice services.

What is more, the government is to spend £2m tackling the menace of loan sharks.

Loan sharks lend people more than they can afford and then extort payment with the threat of violence.

Teams of 'loan shark hunters' are to target criminal gangs in Birmingham and Glasgow - and if successful the government may roll out the scheme nationwide.

December 7, 2003

Consumers confused by credit talk

Most people are baffled by the language used in credit offers, a survey commissioned by the Department of Trade and Industry suggests.
Of more than 1,000 consumers polled, 84% said they found the paperwork confusing, while 76% said the same of the terms used in credit advertisements

Some 59% did not know the acronym APR stood for Annualised Percentage Rate.

Forty per cent said they only read the main information on the front page of a credit agreement before signing it.

Eight out of 10 people said they would like more information on their rights.

I don't understand why a consumer should be penalised just because they want to take over their own finances
Laurence Baxter
Consumers' Association
The survey, carried out for the Department of Trade and Industry by polling company Mori, also found that two-thirds of people aged between 20 and 50 had a credit commitment of some kind.

Since current consumer credit laws were drafted 30 years ago the amount of outstanding debt Britons owe has soared from just £5.25bn in today's prices to £168bn.

In the same period the number of credit cards on offer has increased from just one to 1,300.

The number of licensed lenders has risen from 2,500 to 215,000.

Summary box

Consumers' Association spokesman Laurence Baxter said the credit industry was like a "jungle" with ever more complexity and ever more sophisticated cards, meaning there was a lot of information for people to try to understand.

"We want it all to be sorted out. We want it clearer, much more basic," he told BBC News.

"The government needs to take the lead."

The association wants the government to introduce a "summary box," outlining exactly what the costs of the credit will be, including interest and penalties for early repayment.

"I don't understand why a consumer should be penalised just because they want to take over their own finances," Mr Baxter said.

The survey results come a day before the publication of a white paper outlining changes to consumer credit rules.

It is expected to make credit deals easier to understand and reduce financial penalties for repaying loans early.

Lenders face tough ‘loan shark’ laws

LOAN companies that give misleading information or shackle consumers with huge interest rates will be given “yellow cards” by the Office of Fair Trading (OFT), before being banned if they persist, under tough new laws to be unveiled this week.
Consumers who consider that they have unfair loans will also be able to challenge their agreements without going to court. And there will be stricter rules on how loan products can be advertised.

The consumer credit white paper will be revealed by the government at a time of concern about the amount of debt consumers are getting into.

Matt Barrett, Barclays chief executive, recently caused consternation when he told a committee of MPs that he did not use a Barclaycard because they were too expensive.

The Department of Trade and Industry (DTI) is keen that the legislation does not just target unscrupulous “loan shark” companies but supposedly respectable lenders who are simply not giving consumers enough detail to make informed choices about loans and interest rates.

For credit cards and other loans there will be a new “honesty box” on agreements — similar to the Schuman box in America — that will state exactly what the APR is.

Companies will be forced to have the box as a standard part of their credit agreements in order to help make what the customer is signing up for more comprehensible.

The aim is to increase transparency by allowing customers to easily compare agreements which are offered by different companies.

The box will list monthly rates and minimum payments.

Under current regulations the OFT is only allowed to use its ultimate powers of stripping a company of its credit licence when it uncovers cases of severe wrongdoing.

However, that meant that many companies would not be reprimanded.

A DTI source said: “That problem had to be addressed. The OFT only had the nuclear option of taking away their licence to offer credit.

“The new system will see the OFT able to issue ‘yellow card’ warnings for lesser indiscretions.”

The OFT currently also reviews licences every five years.

That will be scrapped.Instead, the white paper will give the trading watchdog the power to carry out unannounced spot checks.