Rebecca O’Connor
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Lenders must warn indebted borrowers if they are in danger of getting into financial difficulties, under changes to banking rules.
New guidelines designed to avert a rise in the number of home repossessions will force banks to offer at-risk customers alternative debt repayment plans, as well as contact details for free money advice providers.
The change to the Banking Code, which takes effect in March, transfers responsibility for dealing with debt from borrowers to lenders. Under the existing code, it is the customer’s responsibility to contact the bank if they think they could slip into arrears. Although borrowers must still contact their banks if they are in trouble, the move should mean that severe difficulties are avoided.
The revised code instructs banks to acknowledge that borrowers should be asked to pay off debt from credit cards, personal loans and mortgages only if they can still afford to pay for “priority” household bills such as heating and electricity.
The move comes as thousands of homeowners face the threat of repossession over coming months. The Council of Mortgage Lenders predicts that the number of repossessions will rise by 50 per cent in 2008, from 30,000 to 45,000 as the credit crunch and rises in monthly mortgage costs take their toll on household budgets.
Accountants are also predicting a record number of bankruptcies and insolvencies this year, which banks are keen to avoid. About 120,000 people are expected to file for insolvency in 2008, up from 110,000.
However, debt charities said that the change to the code did not go far enough. Chris Tapp, the director of Credit Action, the debt advice charity, said: “The change to the code is a step forward, but it is not the kind of change we need. If what we want is responsible lending in the first place, this does not go far enough.”
Teresa Perchard, the director of public policy at the Citizens Advice Bureau, said: “While these and other changes represent progress, we are disappointed that the opportunity has not been taken to end the practices of unsolicited increases in credit limits and unsolicited issuing of credit card cheques.”
The British Bankers’ Association (BBA), the industry body that oversees the Banking Code, said that borrowers will still be more likely to reach a favourable repayment agreement if they cooperate with the lender.
Brian Capon, of the BBA, said: “Where the customer contacts the bank and is actively cooperating with it, the bank will be obliged under the code to consider granting concessions on interest, fees and charges. This will be decided upon a case-by-case basis, but one of the elements will be the extent to which the customer is working with the bank to resolve the problem.”
A spokesman for Halifax said: “We always take a proactive approach. When a payment is missed we will contact the borrower straight away via letter to discuss things, offer support, and agree a way forward.”
The change to the code came after an independent review in November stipulated that there should be “more help for customers who may be heading towards financial difficulties”.
The BBA said that borrowers should still contact their bank as early as possible if they face payment difficulties.
Mr Capon said: “It was always best practice for banks to get in touch if they noticed someone was struggling. Now this is in the code, although it is still best to get in touch with your bank straight away if you are struggling.”
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A brief lesson for Bill from Dundee:
The higher rate of interest that you pay is due to the increased probability of you defaulting on the loan. Banks do NOT earn a higher profit on these high risk loans as the increased yield on an individual non-defaulted loan goes into subsidising the other higher risk borrowers who do default.
Regarding Northern Rock, "billions of tax payers money" has not been paid to northern rock. Money from a central fund that banks (including northern rock in the past) have paid into at the Bank of England is being used to fund it's current operations. The rest of the exposed billions often mentioned are only spent if northern rock goes bankcrupt and the government has to make good on it's promise to protect depositors. A wise move as the funds are unlikely to be needed due to the increased confidence instilled by the gaurentee and meanwhile innocent depositors will not lose their money.
Phil, Canary Wharf,
Andy from Perersfield has no idea of what he is taking about he has maybe never had the misfortune of being made redundand,or maybe he is one of the lucky one that has a good salary and bonus.
Question is that the people that have maybe a poor credit rating pay well over the odds in interest for this privellage of having a loan so they in fact help keep the interest rates low and help the banks profit. So why should our taxes be used to bail out Northern Rock as no one ask for our opinion, after all these are the people that will tell them that they are not eligble for a loan. The greedy banks have only themselves to blame for the mess that we are in and I am sure the Billons of tax payers money that was used to bail them out could have been put to better use, ie Education,Health or Police services. I wonder how many people agree with me?
Bill Ewing, Dundee, U K
But surely every traditional lending banker, when faced with a proposition that did not impress him, would decline it and tell the applicant why. Invariably it was because the applicant could not satisfy the lending banker that he or she would be able to service the debt satisfactorily.
I regret to have to say that the banks' staff are of a different category these days and most of their bosses are more interested in their bonuses than anything else.
Many more banking heads should be rolling now. Of course, most of the borrowers in trouble obviously didn't have the sense to do their arithmetic at the time they were wanting their loans.
David, Poole,
How many credit card do people have Jon of Richmond. This is the reason for the problems people have so many cards debts and when things go wrong we are meant to feel sorry for them. Try spending within ones means. Hopefully this will now mean banks will not give credit to so many people and only lend to responsible people and get away from the "bung it on a card culture"
Why should people be allowed to just walk away from there stupidity of debt.
Andy, petersfield,
I recently lost my job - and I contacted all my lenders, but was shocked by the unhelpfull attittude most of them have.
My current account providers were very helpfull with agreeing redused repayments for my Lloyds TSB credit card.
However Virgin Money / MBNA refused to help at all - they doubled by interest rate to 25 percent and said they have a company wide policy not to deal with Citizens Advise, or to reduce repayments. They also started to call me on a daily baisis and sent many aggressive and threating letters.
When I told Egg they sent me a defualt notice and said they were not prepaired to negotiate a reduced repayment at all.
When I spoke to Barclaycard, they too refused to negotiate a repayment plan. I was also told by them that it would take 'months and months' for them to see me and even then they would be unlikley to take on my case and that we will be unwilling to deal with them anyway.
Unemployment can occure to anyone - so be warned
Jon, Richmond Upon Thames, England
Warn borrowers of what? If you can't repay your debts as agreed then you are at risk of having a visit from the bailiffs, losing your house, being made bankrupt or all three of these. If you are so stupid or uneducated that you don't know this then why has the bank lent you tens or even hundreds of thousands of pounds in the first place? Sorry, I forgot, bank executives aren't very bright either. When they get their institutions into trouble by making a series of risky business decisions the government has to use my money to bail them out. There must be a 'saving stupid bankers' code somewhere in the government's files.
Clive, Chichester, UK
When I lived in the UK the minimum payment on credit cards was 5%,now I believe its between 2 and 3%.Wouldn't it be a good time to revert to 5% minimum payment for all new borrowings?
stephen hulton, eure, france
This is sending out completely the wrong message.
Because of the UK's ridiculous culture of "getting on the housing ladder/renting is dead money etc etc", you borrow more money than you can afford to/intend to (delete where appropriate) repay, and it is the bank's problem to spot this.
Where has the government been as all this happens - they are happy to moralise/preach on many issues, but when it comes to educating its population into fiscal responsibility it is nowhere to be seen.
However is it any wonder this doesnt happen, when profligant in chief Gordon Brown has to borrow 40billion quid a year just to pay the wages.
rick, sydney,