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Britain’s bankruptcy rules have exacerbated the effect of the credit crunch across the country, the UK’s leading economics institute said today.
Bankruptcy reforms introduced in 2004 under the Enterprise Act allowed bankrupts to be discharged after one year instead of three to help to reduce the stigma of “honest failure”. However, the National Institute of Economic and Social Research said that this had fostered an environment in which people were happy to take on debt that they could not repay, inflating the losses of banks and other lenders.
The institute has called for international cooperation to make bankruptcy laws more stringent, especially in the United States, where lenient bankruptcy and mortgage rules allow borrowers to wipe out their debts without penalty. American borrowers who default on their mortgage can leave the property and write off any unpaid mortgage bills. This, the institute said, amplified the scale of the global credit crisis.
Patricia Hewitt, who was Trade and Industry Secretary when the Enterprise Act was introduced, said at the time: “It will open up markets, increasing competitive pressures. It will improve consumer protection. It will give those entrepreneurs who have failed honestly a second chance and help ensure that companies in difficulty do not go under unnecessarily. Together, these measures will help promote an enterprise culture and drive up productivity.”
However, Martin Weale, director of the institute, said: “This Government has done its best to make things worse. The Enterprise Act had a disastrous impact on people’s attitude to excessive risk-taking. There should be international cooperation on bankruptcy laws, as those investing in US banks may not realise how lax the US bankruptcy laws are.”
The institute is giving warning today that the economy faces its riskiest run for more than a decade. It predicts that a consumer crunch will cause household spending growth to grind to a halt in the autumn, undercutting the Chancellor’s predictions for the economy to rebound strongly next year.
Experts forecast that record numbers of consumers will become insolvent by the end of this year. KPMG, the accountant, said that it expected 130,000 people to declare themselves bankrupt or enter into an individual voluntary arrangement.
IVAs allow consumers to repay only a portion of their debts, and there were 106,000 last year. However, insolvency figures for the first three months, to be released today, are tipped to show only a slight rise. Experts say that IVA figures are still low after a spat between the companies setting up IVAs and lenders. Lenders refused to accept many IVA schemes, arguing that IVA firms were taking too big a slice of borrowers’ repayments for themselves.
The institute also said that the Government should limit the amount of money that homebuyers can borrow. It said that they should be allowed a mortgage to cover a maximum of only 90 per cent or 95 per cent of the value of the property. Last year borrowers could choose from a range of loans offering up to 130 per cent of the value of a property. All lenders have stopped offering such mortgages.
Road to ruin
— Reforms to the Enterprise Act made in 2004 allow bankrupts to be discharged after just one year
— Restrictions faced by bankrupts, such as denial of credit of more than £250 and freedom to become a company director, are also cleared after 12 months
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Dave from Northern Ireland shows a real lack of understanding of bankruptcy. Firms and individuals go bust because their situation changes and not, "pure thef" as he says. he is clearly not a business person with thousands of pounds of personal liability on the line!
Matthew Davis, Southampton,
There should be no bankruptcy laws. Those existing for fraud are sufficient. It should be the responsibility of banks to lend responsibly and take the risk of loss. The management of banks that lend the money in their care irresponsibly should be prosecuted and have their assets confiscated.
John Bentley, Loule, Portugal
Is it possible that you have all forgotten that Gordon Brown himself urged the banks to loan when he first came to power as chancellor -.
He urged the banks to lend so that consumers would keep the economy floating - and built the schools and hospitals on the PFI.
Boom & Bust Labour
Carol Spencer, Luton, UK
The distinction needs to be made between commercial bankruptcy, where a business goes under through 'honest failure', and personal bankruptcy, where individuals borrow and spend tens of thousands on cars, restaurants, holidays etc., with no intention of repayment - this latter is pure theft.
Dave, Newry, Northern Ireland
2006: bombarded with TV ads: Loans: borrow as much as you like. CCJ/bankruptcy/unemployed? no problem
2007: bombarded with TV ads. "snip" your debts with an IVA. Worried about debt? don't bother worrying. Don't bother paying.
2008: Banks insolvent. 100 billion in taxpayer bailout.
Connection?
Ross, Gutersloh, Germany
as Sandi remarks and the gentleman below with regards to intellectual property rights bankruptcy is not an easy option. Far from it and it ill behoves ivory tower academics to lecture people in the front line. little likelihood he will go through the pain, stress and strain that such actions involve
j, eastwood notts, uk
Like many things, "lax" bankruptcy laws bring both advantages and disadvantages. At this moment in time, when banks are faced with the prospect of lending against a falling asset (housing), it represents an added risk, which in turn will deepen and prolong the problem.
Steve, London,
Why did banks increase consumer debt exponentially over the last 10 years? What happened to prudent lending? Why do they push loans onto the financially illiterate? . Bank CEO's down to the lowliest teller have had their bonuses based on how many loans they can sell. Banks deserve no favours.
Steve, London, UK
This is just another example of 'dumbing down' by the government.
SRB, Abergele, UK
If 99% of Sandi's clients are loathe to consider bankruptcy. That mean that 1% see it as a means of subsidising a life style they could not otherwise afford?
It seems to escape this governments wit that the banks money belongs to savers and investors.
Geoff, Royton, England
Never, ever, forget that there is one group of citizens that have no possibility of taking bankruptcy lightly, the inventor or other such creative individual. They lose not only their financial status, but also their rights to their intellectual property, often a lifetimes work. Please remember that.
Chris Coles, Medstead, Alton, United Kingdom
Never thought I'd say this but well said Hewitt!
And no, I'm not a bankrupt
Phill, The Wirral, England
As I thought look at http://www.niesr.ac.uk/staff/staffdetail.php?StaffID=226 Martin Weale another academic spouting off about nothing more than theory and so called research!
Martin get in touch with the real World! The Enterprise Act helps people and businesses to restructure.
Andy Moore, Solihull,
As a money adviser, I find 99% of my clients are loath to consider bankruptcy, they do not want to even consider it as an option in most cases. Those that do consider bankruptcy do it because every other option that they have chosen has failed.
Sandi, Bradford, UK
Lending people 5 times sarary was madness.In a low inflation,low wage rise environment,what proportion of future take-home pay is required to repay a mortgage which is 5 X ones salary?
stephen hulton, eure, france
Bankruptcy rules have had little to do with the credit crunch. Banks lend on the basis that a proportion on borrowers will default. In the last few years banks have completely miscalculated risk - but never mind the tax payer is always there to bail them out.
A Harris, Kettering, UK
The headline is inaccurate, the lax bankruptcy rules haven't 'worsened' the so-called 'credit crunch'; they just allowed a lot more debt, sorry 'credit', to become available to be 'crunched'. Remember the 'credit crunch' is not the problem, it is the solution. Irresponsible lending is the problem.
Paul, Coventry,