UK’s FCA considers ban on unarranged overdraft charges
Unarranged overdraft fees could be banned in the UK, according to a review by the country’s regulatory body, the Financial Conduct Authority (FCA). Lloyds, the UK’s largest lender, said earlier this month that it would abandon such charges from November. Barclays has already ceased unauthorised lending. Charges for those who go into debt without prior agreement can be up to £6 ($8) per day. Fees for such overdrafts were frequently “significantly higher” than for payday loans, said FCA CEO Andrew Bailey. Other options under consideration include a cap on charges or affordability checks.

The review provides clear evidence that FCA regulation of high-cost short-term credit (often known as ‘payday lending’) has delivered substantial benefits to consumers. The review found that 760,000 borrowers in this market are saving a total of £150m per year, firms are much less likely to lend to customers who cannot afford to repay and debt charities are seeing far fewer clients with debt problems linked to high-cost short-term credit.

The FCA has therefore decided to leave the existing payday loan price cap in place, and to review it again in 2020.

However, the review has also established clear concerns with other forms of high-cost credit. In particular, the FCA believes that fundamental changes in the way that unarranged overdrafts are provided may be necessary. Charges for unarranged overdrafts are often high after taking into account the risks to lenders, and can be complex and thus hard for consumers to understand.

The FCA also identified particular concerns in the rent-to-own, home-collected credit and catalogue credit sectors. While there are similarities between high-cost credit markets and products, there are also significant differences in how they work and how people use them. The FCA is developing tailored solutions to these issues, and will consult on action to address these concerns in Spring 2018.

Andrew Bailey, Chief Executive of the FCA, said:

“High-cost credit products remain a key focus for us because of the risks they pose to potentially vulnerable customers. We are pleased to see clear evidence of improvement in the payday lending market after a period when firms’ treatment of customers and their business models were often unacceptable.

“However, there is more that we can do, and this review is about identifying the areas where consumers may be suffering harm so that we can focus our efforts accordingly.

“In particular, the nature and extent of the problems that we have found with unarranged overdrafts mean that maintaining the status quo is not an option. We are now working to resolve these issues while preserving the parts of the market that consumers find useful.”

Alongside the review, the FCA is publishing proposals to clarify its rules on creditworthiness and affordability. Most credit firms understand the FCA’s rules regarding checks on prospective customers’ creditworthiness, including whether they can afford consumer credit products. However, there is some uncertainty in parts of the market, so the FCA is proposing a number of changes to clarify its expectations.

The FCA has also published more detail on its work on motor finance, setting out the issues that it is considering and the steps it is taking to develop its understanding of the market. The FCA will publish an update on this work in the first quarter of 2018.

Notes to editors