Moment of truth for payday lenders: Watchdog plans to curb cost of short-term loans
The chief of the City watchdog, Martin Wheatley, spoke exclusively to The Independent's Simon Read about its attempts to control the worst excesses of unscrupulous high-cost credit companies
The final element – at least for now – in the City regulator's attempts to control the worst excesses of unscrupulous high-cost credit companies will be announced next week.
It will reveal plans for a cap on the cost of payday lending.
The aim will be to help more people avoid ending up in a disastrous debt cycle because a short-term loan they've taken out has spiralled out of control due to excessive interest and unfair charges.
Under the plans, the Financial Conduct Authority (FCA) will limit penalty charges and the total cost of credit so that, for instance, someone who borrows £100 isn't forced to repay £500 or other soaring amounts if they default.
The watchdog has already introduced tough new rules this month that payday lenders have to stick to. These include a ban on rolling over loans more than twice.
There is also now a limit of two on how many times lenders can attempt to take money from borrowers' bank accounts under controversial continuous payment authorities, which in effect give them the right to drain those accounts.
The FCA has promised that rule-breakers will be dealt with severely, but it's the payday cap that could cause most problems for lenders, not least because it strikes at the heart of their profitability.
The Government told the FCA last autumn that it had to introduce a cap on top of the other new rules. Since then it has been working hard to put together a practical proposal.
To work out the best way to curb the cost of short-term borrowing, it examined detailed data on 16 million loans from 11 of the biggest payday firms. That included information on revenue, loan costs and the length of time taken to clear the debts. It also looked at caps in other parts of the world, including Australia and the US, and the impact they have had on consumers and firms.
Its aim was to find a solution that allows legitimate lenders to continue their business while curbing the excesses that penalise vulnerable people.
The FCA's chief executive, Martin Wheatley, told The Independent this week that while the watchdog will act quickly against rule-breakers, the new moves are not designed to force lenders out of business.
"The reality is that, despite some politicians and members of the public regarding payday lenders as an evil that should be banned, many people use them and there are legitimate reasons to use short-term high-cost credit, as a million people did last Christmas.
"Our role is to find that balancing point between stopping the excesses which are designed to abuse vulnerable consumers, but still allowing the availability of loans to those who can use them in a mature and responsible way."
When the full details of the cap are published next week, he expects to be attacked from all sides, especially as it won't be a simple cap on the total cost of credit. "Everyone has extreme views on the subject," he pointed out.
The loan cap is likely to be designed to cut back the penalties for those who default, rather than reducing the much-criticised high APRs that are quote by the payday lenders. Wonga, for instance, Britain's most profitable payday firm, now quotes an APR of 5,853 per cent.
After the details of the proposed cap are published next week, the regulator will invite companies and consumer bodies to share their views about the plan, setting a consultation deadline of October.
The cap will then come into force from the beginning of next year, although in the meantime the FCA will be policing the sector with much more draconian powers than were wielded by the Office of Fair Trading, the previous credit regulator which passed on responsibility to the FCA in April.
"We have the ability to do things that the OFT didn't have the ability to do," he said.
The FCA's Martin Wheatley, told The Independent that new moves are not designed to force lenders out of business (AFP/Getty Images)
Mr Wheatley pointed out that in order to get a consumer credit licence to lend money legally, you now have to be regarded as a "fit and proper individual" by the regulator, and it intends to examine all applications closely for those licences.
So someone who has just closed a business, for instance, will fail the "fit and proper" test. That will stop the existing practice of "phoenixing", which involves running a dodgy lending business until the authorities catch up, then closing it down and starting a new one the next day.
Meanwhile, someone with an undeclared criminal background is likely to be deemed as lacking integrity, and that in itself should be enough for them to fail the fit and proper test and be turned down for a credit licence.
But the watchdog will also look closely at business models, and if firms don't meet certain conditions, they will be closed down. "If we think that a firm's business model is a threat to our objectives, then we can refuse to authorise," Mr Wheatley said.
This could help the army of "captive debtors" that end up in the clutches of payday lenders and don't have the money to escape because of the rising cost of their debt.
"If your business model is predicated on lending to people who cannot repay, from my point of view that is a business model condition that we would look very carefully at."
He added: "If somebody's business is making loans, then maybe around 10 per cent get written off and sold to a debt-collection agency, meaning the lender makes no money on them. Then maybe 50 per cent get paid back on time, which they don't make much money out of.
"But where they really make their money is the 40 per cent in the middle which lenders know are going to default, and will then have to roll over their loans. Lenders can then pursue them and have them as captive debtors."
It is these companies that he is now warning: if your profits are mainly based on defaulting borrowers, that's no longer acceptable. And in some cases rogue companies could be prevented from lending immediately.
"We can stop them taking on any new business right away while they attempt to put things right or meet our demands – and we'll use those powers in extreme circumstances," Mr Wheatley said.
Meanwhile, although complaints about payday loans have more than doubled in the last two years, the Financial Ombudsman Service (FOS) warned that the "shame factor" is putting off most consumers from complaining."It's important that people don't feel trapped with nowhere to turn because of the stigma associated with short-term lending," said the principal ombudsman Caroline Wayman.
The FOS received 5,395 enquiries about payday loans in the last financial year and found in the consumer's favour in two-thirds of cases.
It said that disappointingly high numbers of people were unaware that they could speak to the ombudsman if they felt that they were not being treated fairly.
Mr Wheatley said in response to the ombudsman's comments: "Very often the people who are going to payday loan companies are the most vulnerable and not financially the most literate. People need to know the ombudsman service is there before they can take their case to it.
"We know that they walk into debt charities such as Citizens Advice and StepChange a lot because they're on the high street. But we and the ombudsman have the challenge of letting them know that there's a route to get help if they have a problem with a payday lender."
The FOS has warned payday lenders over their poor business practices and called on them to take a positive approach when tackling customers' concerns.
"The fact that most complaints against payday loan companies are upheld is further evidence that when it comes to acting in the best interests of consumers, in many cases they fail to do so," said Mike O'Conner, chief executive of StepChange.
He added that the payday loan industry has been a problem for many years. "Unaffordable lending, the misuse of continuous payments to drain money from customers' accounts, the rolling over of loans and inflating debts with additional charges ... these have been commonplace and damaging."
Last year the charity reported that 66,557 people with payday loans sought its help, an increase of 82 per cent over the previous year.
The ombudsman said the most common cause for complaint was people saying they hadn't taken out the loan, which suggests that fraudsters who apply for payday credit using other people's details may be intensifying their activities.
The FOS is set to publish a report on the payday lending complaints that it receives later this summer.
Scottish Power hit with sales ban by regulator
Dirty tricks in a divorce can cause some nasty surprises
10 tips for taking out a personal loan
Simon Read: You're guilty until proven innocent when HMRC sends in the tax credit detectives
There are 'dark corners' of the investment and pensions industry, says Pension Minister
- 1 Drugs Live cannabis trial: Hash is less harmful than any other drug, expert claims
- 2 What happens to your body when you give up sugar?
- 3 Turkish Airlines flight TK 726 crash-lands on Nepal runway in dense fog
- 4 Have sex with your iPad thanks to the new sex toy no-one asked for
- 5 The 'sex selfie stick' lets you FaceTime the inside of a vagina
Nearly 100,000 of Britain's poorest children go hungry after parents' benefits are cut
Durham Free School: 'Creationism taught at' free school facing closure
Ukip would cut billions from Scottish budget to fund English tax cuts
End of the licence fee: BBC to back radical overhaul of how it is funded
Ukraine crisis: Top Chinese diplomat backs Putin and says West should 'abandon zero-sum mentality'
Boris Nemtsov shot dead: Outspoken Putin critic who had expressed fears for his life is killed near the Kremlin
iJobs Money & Business
£25000 - £30000 per annum + benefits: Ashdown Group: A global leader operating...
Voluntary post, reasonable expenses reimbursed: Reach Volunteering: Would you ...
£36,000 - £40,000: Christine McCleave: Are you looking for a new opportunity a...
£15000 - £18000 per annum: Recruitment Genius: This is a great opportunity for...
Day In a Page
This six-bedroom Georgian home is on three floors with open fireplaces, a two-oven Aga, an annexe, and cottage gardens with outbuildings and a car barn
High Crest House covers an impressive 9384sq ft, with almost three acres of grounds including a tennis court and summer house enclosed by electric gates
A six-bedroom farmhouse with separate accommodation in converted stables. Situated in the village of Church Aston, within walking distance to the market town
A two-bedroom flat with under-heated walnut floors and bespoke built-in storage. The Tube and Clapham Common are a short stroll away
A refurbished seven-bedroom townhouse with staff quarters, cinema room, superb gym, steam room and plunge pool
A minimnalist four-bedroom home designed to the highest spec, featuring glass walls and a kitchen space lit by a glass roof
Hibernate during winter and make your living during the summer at this busy guesthouse with panoramic sea views, in the village of Lynton
A four-bedroom penthouse next to the Tate with direct views of St Paul's from two floors of luxurious living space
A four-bedroom detached home surrounded by spacious gardens and woodland, close to New Pudsey
An 18th-century, three-bedroom home near Langstone Harbour built from ships beams with vaulted ceilings and wood burning stoves
A five-bedroom semi-detached home with a mix of period and modern features in a popular and convenient location
This five-bedroom red-brick beauty overlooks the village green and sits in just under two acres of land
A three-bedroom villa with self-contained flat, minutes from Lake Windermere
A deceptively spacious, beautifully presented Georgian home with 3000sq ft of living space and five reception rooms
A five-bedroom Victorian home with four receptions, superb gardens and paddock in Pembury
An eight-bedroom house on the south side of the The Green with cinema, wine cellars and summer house
This 17th century beauty is full of rustic cosiness, while the detached home office means you can also run a business
Four exclusive apartments in a Grade II-listed former medical school with 2,275 sq ft of living space and 18ft ceilings
A five-bedroom terraced house on the popular Peterborough Estate, ideally located for both Eel Brook Common and South Park
A state-of-the-art farm-building conversion on the former Cliveden Estate, with 11,420sq ft of internal space, cinema and wine cellar
A three-bedroom, 15th-century cottage with original features in the picturesque village of Sissinghurst
A six-bedroom terraced house with large south-facing roof terrace, cinema room and wine cellar
A new seven-bedroom home built in Queen Anne-style with swimming pool and parkland views in Mortimer
A listed, four-bedroom farmhouse in the rural hamlet of Rushall with detached barn, four acres of gardens and paddocks
A first-floor flat with two bedrooms, a spacious reception room and communal grounds in a leafy part of London
A three-bedroom flat with a spacious rootop terrace and balcony, accessed from a private gated courtyard
A Grade II-listed pile with six bedrooms, stables and 39 acres of grounds in Standlake
A two-bedroom flat with boutique hotel-style interiors, close to the foodie haunt of West End Lane
A two-bedroom flat in a beautiful old vicarage, with many original features, close to the city centre
A three-bedroom 16th-century home with an aga kitchen, private gardens and heated outdoor pool, in Hadleigh
A three-bedrom home in sought-after Queen's Gate Mews, with Italian marble-finished bathrooms
Surrounded by glorious countryside in the village of Udimore, sits this impressive four-kiln oast and barn conversion
A five-bedroom house in the picturesque village of Kettlewell, north Yorkshire
An 18th-century former coaching inn with original staircase, open fireplaces and beams throughout
A Grade II-listed Georgian town house with three bedrooms and a south-facing courtyard, near Arundel Castle
Feel on top of the world at this über chic penthouse on the 37th floor of one of Europe’s tallest blocks.
A Grade II-listed Victorian villa with six bedrooms and two further cottages, all with spectacular sea views
A grade II-listed, Georgian cottage with mature 50ft garden, perfect for summer entertaining
A magnificent Georgian pile with turrets, seven bedrooms, a heated pool and four acres of gardens
Fairoak Farm has five bedroom suites, gym, outdoor swimming pool and golf course
Chic two-bedroom river-fronted flat with a private lift that delivers you directly to your home
A spectacular seven-bedroom Tudor pile, once owned by Henry VIII, with 18 acres of land
A seven-bedroom Georgian property previously used as a picturesque wedding venue
A split-level flat in a church conversion with two en suite bedrooms and 1,200sq ft of living space
A three-bedroom bungalow situated behind an impressive stone wall, £645,000
Windsor Castle overlooks this three-bedroom Victorian cottage located on one of Windsor's smartest roads