As Christmas spending begins to impact on consumers, The Banking Code Standards Board has issued a reminder of the protection the Code now provides for people who may have difficulties in paying back their loans or credit card bills.
The Banking Code has always required such customers to be treated ‘sympathetically and positively’. However, recent guidance now sets out in detail how these words should be interpreted and ensures that customers in financial difficulties get better treatment from their banks and building societies.
The guidance recognises the need to draw up a repayment plan which identifies ‘priority debts’ for the essentials of living and to ensure that the customer is left ‘with sufficient money for reasonable day to day expenses’. Banks have to provide customers with straightforward information in plain English and ensure an account is passed promptly to a specialist team. Other improvements are listed in the Notes to Editors below.
Seymour Fortescue, Chief Executive of the BCSB said: “Consumer debt is an increasing concern, particularly in the post-Christmas period. This additional guidance, which has been developed in conjunction with the banking industry, will ensure that the Banking Code provides enhanced protection for consumers who may be struggling to manage their finances.”
Full copies of the guidance can be found on www.bankingcode.org.uk
Note to
editors: What the Guidance Says
• Financially difficulty defined as “when income is insufficient
to cover reasonable living expenses and meet financial commitments as they become
due”
• Banks must give “straightforward information in plain English”
• The Code must apply to any agents, such as debt collectors
• Subscribers must explore a range of options and pass an account promptly
to a specialist team
• ‘Priority’ debts take precedence over ‘non-priority’
debts. The former are defined as those “where the customer’s failure
to pay could lead directly to the loss of one or more of the following –
the customer’s home (e.g. rent, mortgage, secured loans), their liberty
(e.g. council tax, child support, maintenance, income tax, court fines), their
utility supplies (e.g. water, gas, electricity) or their essential goods or
services (e.g. cooker, fridge or means to travel to work)
• Banks should accept offers based on equitable distribution of available
income
• Any repayment plan must “leave the customer with sufficient money
for reasonable day-to-day expenses”
• Banks must not “subject customers to harassment or undue pressure
when discussing their problems”
• Token offers accepted “where the customer has demonstrated they
have no surplus income available for their non-priority creditors and there
is a realistic prospect of the customer’s circumstances improving.”
• Penalty interest rates and charges. Banks “may consider agreeing
with their customers in financial difficulty appropriate concessions, relating
to charges and interest payable.”
• The bank “may, among other options, consider writing off or not
pursuing part of all of the customer’s debts.” They must give their
reasons in writing in requested.
• The bank must “seek to revise contributions only at the end of
the review period or if a customer’s personal circumstances change”
• Banks must say where customers can get free money advice.
• Banks must use where possible the MAT/BBA common financial statement
Customers
and their advisors also have responsibilities. Customers must:
• Help themselves: dialogue and disclosure
• Co-operate with banks in developing a plan