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Tuesday, February 10, 2009

How the latest changes in regulation affect credit card deals?

By Tim Jones

The global economy has been plunged into an unprecedented crisis that has taken everyone by surprise by its rapidity and impact on both macro and micro levels. The financial downturn has made everyone take a look at how they do business - particularly the financial markets - as it has become clear that this particular recession has been led by an over-indulgence of easy credit over the past 20 years. The good times have rolled to a sudden and dramatic stop.

The last few weeks have seen the government enforce new regulations on the credit card lenders and financial institutions in an attempt to take some of the pressure off the public and give them a little bit of wriggle room when it comes to sorting out their finances. Previously the credit card lenders had come under considerable criticism for their heavy handed methods of dealing with those whom found themselves in financial difficulties and defaulted on payments. But with the beginnings of what looks to be a longer term financial winter it is clear that many more people will struggle in the coming months to meet their financial commitments. To this end the government has stepped in and insisted that customers have time to consult independent advisors and have more protection before becoming subject to action from lenders.

Under the new regulations credit card customers who have difficulties will be given a 30-day breathing space to take an opportunity to discuss their situation with the Citizens Advice Bureau. Here they will be able to receive free, impartial advice and guidance as to how they can negotiate an agreement with their creditors and arrange suitable repayment terms that take into account their financial situation. If an agreement cannot be reached within this period, there is a further 30-day buffer period during which the credit card lender cannot make payment demands until the situation is solved. However, if no agreement has been reached by the end of this second timeframe then the picture can become much bleaker and the lender has the right to pursue payment fully.

Another important regulation introduced by the government is an insistence that credit card companies do not change interest rate charges during the first 12 months of an offer being taken up. This regulation has come about as the direct result of complaints by customers who have been subject to significant raises in interest rates only weeks after taking up a promotional offer. Although increasing the interest rate is perfectly acceptable in law, the government may have seen it as somewhat unethical on the part of the lenders, particularly during a time of economic hardship and also at the point where the Bank of Englands base interest rate is at its lowest in its history. This is why they have insisted that interest rates remain stable for at least the first year of the offer.

These measures are designed with the sole purpose of keeping the money markets buoyant " make no mistake in thinking that this is a purely altruistic move by the government. The credit card holder still carries full responsibility for any credit card debt and the onus is on them to manage their financial affairs in such a way as to ensure that the credit card lender is not exposed to further risk of bad debt. Although in hindsight the credit card companies have come under mounting criticism for their lending policy when times were good, it should be remembered that it is always the customers choice to take up a credit card offer. The changes in legislation take into account the extraordinary circumstances of the current economic crisis and will certainly go some way to alleviate the pressure that those struggling with credit card debt are under.

It remains to be seen how much impact the new legislation will have on credit card lending and if lenders will need to re-evaluate their position with regard to pursuing those in financial difficulty. But the breathing space the two 30 day periods give customers, combined with a guarantee that interest rates are fixed for at least 12 months should go some way to helping those who do get into difficulties.

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