BIS and OFT hint at cosmestic changes to payday loan regulations

Some positive, but largely symbolic, news.

There are going to be some positive changes happening to the regulation of the payday lending industry as of Wednesday–though we can expect a mixed reception from the release of two government reports looking in to it, one by the Office for Fair Trading (OFT) and the other by the Department of Business, Industry and Skills (BIS). 

To put a positive gloss on them more work will be done by the regulatory body to ensure bad practices in the industry, such as not carrying out rigorous credit checks, will be properly punished. On the other hand the BIS report has found evidence that capping the cost at which credit can be sold (notoriously high by payday lenders on the high street, many of whom have a 4000 per cent APR attached to them) would be a detriment to consumers.

Despite the prospect of rogue lenders losing their licenses, this will come as a disappointment to critics of the payday lending industry who felt there would be a significant change in direction by the government, after amending the Financial Services Bill last year to give the newly created Financial Conduct Authority the power to cap the cost of credit. 

But there are many reasons why Wednesday's reports will be disappointing. Recommendations by the OFT rehash their existing guidance on lending rules. Indeed nothing much is changing, what they are now promising again to do is better enforce their own guidelines. 

For example in 2010 the OFT’s guidance for creditors on irresponsible lending pointed out that:

All assessments of affordability should involve a consideration of the potential for the credit commitment to adversely impact on the borrower’s financial situation, taking account of information that the creditor is aware of at the time the credit is granted.

Their call for better affordability assessments has always been stipulated for by the regulators. The other recommendations they have made, including transparency on how lenders collect their money and the need for forbearance measures, are also already catered for. The only difference being that they have been unable to properly enforce their regulations. Only time will tell whether that has changed. 

As for the BIS report the research into what effect a cap on the cost of credit will look like was only based upon research of interest rate caps. As the report itself says:

The available evidence about the impact of price restrictions on the cost that consumers pay for credit relates to interest rate restrictions, however, not the total charge for credit.

We might excuse this on the grounds that no other country puts a cap on the total cost of credit, while many other countries have interest rate caps. But the government should waste no more time on this and assess properly what kind of regulation we really need to ensure borrowers are not paying over the odds for their credit. 

Essentially all that BIS, who commissioned the Personal Finance Research Centre at the University of Bristol to carry out the research, have done is look at what will happen if you remove the supply of credit when there is high demand. Inevitably, in isolation, this will be detrimental to consumers.

Government focus, however, should be on how to get payday lenders themselves to reduce their front end fees like administrative costs. There needs to be greater transparency on how these costs are realised and work should be done with the payday lending industry to see if those costs can be cheaper for the borrower.

Focus should also be laid upon how mainstream banks can incorporate those borrowers who might otherwise seek high cost credit, which itself is detrimental to their personal finances, discourages savings behaviour or putting money away for a rainy day, and impacts negatively on consumer-led growth.

Furthermore government needs to look into building up alternative lenders such as non-profit credit unions, who sell credit at a much cheaper rate of interest, and provide debt management advice for those in vulnerable situations. 

And lastly more focus should be put on addressing the root cause of the growth in the payday lending industry: stagnating wages; the rising cost of living; and high unemployment.

We can draw some positivity from this latest news, but it is largely symbolic. In truth the findings of both reports will only scratch the surface of the problem. Far more work needs to be done, and fast, as personal debt crises, bolstered by payday lenders, are taking grip of vulnerable households right now. 

Photograph: Getty Images.

Carl Packman is a writer, researcher and blogger. He is the author of the forthcoming book Loan Sharks to be released by Searching Finance. He has previously published in the Guardian, Tribune Magazine, The Philosopher's Magazine and the International Journal for Žižek Studies.
 

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Leave will leap on the immigration rise, but Brexit would not make much difference

Non-EU migration is still well above the immigration cap, which the government is still far from reaching. 

On announcing the quarterly migration figures today, the Office for National Statistics was clear: neither the change in immigration levels, nor in emigration levels, nor in the net figure is statistically significant. That will not stop them being mined for political significance.

The ONS reports a 20,000 rise in net long-term international migration to 333,000. This is fuelled by a reduction in emigration: immigration itself is actually down very slightly (by 2,000) on the year ending in 2014, but emigration has fallen further – by 22,000.

So here is the (limited) short-term significance of that. The Leave campaign has already decided to pivot to immigration for the final month of the referendum campaign. Arguments about the NHS, about sovereignty, and about the bloated bureaucracy in Brussels have all had some utility with different constituencies. But none has as much purchase, especially amongst persuadable Labour voters in the north, as immigration. So the Leave campaign will keep talking about immigration and borders for a month, and hope that a renewed refugee crisis will for enough people turn a latent fear into a present threat.

These statistics make adopting that theme a little bit easier. While it has long been accepted by everyone except David Cameron and Theresa May that the government’s desired net immigration cap of 100,000 per year is unattainable, watch out for Brexiters using these figures as proof that it is the EU that denies the government the ability to meet it.

But there are plenty of available avenues for the Remain campaign to push back against such arguments. Firstly, they will point out that this is a net figure. Sure, freedom of movement means the British government does not have a say over EU nationals arriving here, but it is not Jean-Claude Juncker’s fault if people who live in the UK decide they quite like it here.

Moreover, the only statistically significant change the ONS identify is a 42 per cent rise in migrants coming to the UK “looking for work” – hardly signalling the benefit tourism of caricature. And though that cohort did not come with jobs, the majority (58 per cent) of the 308,000 migrants who came to Britain to work in 2015 had a definite job to go to.

The Remain campaign may also point out that the 241,000 short-term migrants to the UK in the year ending June 2014 were far outstripped by the 420,000 Brits working abroad. Brexit, and any end to freedom of movement that it entailed, could jeopardise many of those jobs for Brits.

There is another story that the Remain campaign should make use of. Yes, the immigration cap is a joke. But it has not (just) been made into a joke by the EU. Net migration from non-EU countries is at 188,000, a very slight fall from the previous year but still higher than immigration from EU countries. That alone is far above the government’s immigration cap. If the government cannot bring down non-EU migration, then the Leave argument that a post-EU Britain would be a low-immigration panacea is hardly credible. Don’t expect that to stop them making it though. 

Henry Zeffman writes about politics and is the winner of the Anthony Howard Award 2015.