EU cracks down on consumer credit abuse

Consumers across Europe look set to be able to make better informed choices when they take out consumer credit loans – paying for holidays, weddings or a new car – following a decision in the Council. 

The proposed EU Directive on Consumer Credit Loans aims to break open the €800 bln EU consumer loans market which remains largely fragmented into national markets denying consumers choice and more competitive prices.  The new rules will make the market more transparent for consumers and business competitors.  The main effect will be to provide standard, comparable information to customers across the EU taking out a credit loan.  Under the new rules, consumers will be assured access to key facts and figures in advertisements.  For credit offers, the information given to consumers (e.g interest rates, amount, number and frequency of payments, the obligation to take out an insurance or the charges for defaulting) must be set out in a new comparable EU-wide European Credit Information Form.  And there will be a new single EU-wide method for calculating the (APR) Annual Percentage Rate of Charge so consumers can see the real cost of credit. The proposed directive also sets common standards on a right of withdrawal so consumers can change their mind.  Consumer credit plays an important part in the EU economy. According to data from 2005, outstanding credit is at a level equal to nearly one tenth of EU GDP.  It plays an especially great role in countries like the UK, Ireland, Germany and Austria, where it accounts for around one fifth of household private consumption, and a growing role in countries like Poland and Hungary, where it accounts for nearly one tenth. Consumer loans represent on average almost 18% of the gross income of retail banking in the EU.

Across the EU the picture is varied, as markets are in different stages of development. The outstanding consumer credit per person ranges from less than 100 EUR in some Member States like Lithuania or Slovakia to over 3000 EUR in Member States like the UK or Ireland with the highest level of consumer credit.

The consumer credit market in the EU is already worth over 800 billion EUR, with an average annual growth rate of over 8%.

That shows the potential for big savings for consumers, if increased competition brings even a small reduction in the interest rates charged to consumers on such a significant amount.

According to ECB data the average rate charged on a consumer credit in the Euro area in 2007 varies from around 6% in the cheapest country (Finland) to over 12% in Portugal, the country with the highest interest rate. Other examples illustrate this variety of situations: 9.4% in Italy and Spain, 7.1% in France or 6.8% in Ireland. This suggests there are considerable potential benefits, for banks and consumers, in developing a cross border market in consumer credit.

Direct cross-border consumer credit represents less than 1% of the volume of credit transactions, which shows that the internal market is not functioning. Creditors therefore tend to establish themselves abroad when they want to reach foreign markets. They cannot use the internal market to a full extent, and this deprives consumers from access to a greater diversity of offers and more competitive prices.

 

What are the new proposals?

The CCD focuses on transparency and consumer rights. It aims to give consumers standard, comparable information on:

-       Advertising. If there is a figure in an advertisement on credit, it will be mandatory to provide the same standard list of essential information, all over the EU.

-       Pre-contractual information. The Directive obliges creditors to provide consumers with all the necessary information to compare offers in good time before they conclude the contract. Consumers will receive the Annual Percentage Rate of charge (APR, a single figure representing the cost of the credit and which consumers can use to compare and to establish the cheapest credit all over Europe) included in a standard form to be used by all creditors at EU level. This will make direct comparison between offers much easier, even across borders.

-       Contractual information. Once consumers make a choice which loan to take out, they need to receive comprehensive information when they conclude the contract, so that they have a reference document describing their rights and their obligations. This is provided for by the Directive, which contains a list of information requirements. This guarantees the exact same level of information for consumers throughout the EU.

 The Directive also sets out two essential rights for consumers:

-       Once they have concluded a credit contract, consumers will be able to withdraw from the credit without having to give any reason, and without any charge. This right (a new feature in almost half of the Member States!) will apply to all consumer credits in the EU. This will avoid the risk of taking a hasty decision under pressure without being able to step back. It will also enhance competition among creditors, who will not want to risk consumers withdrawing, if they can find much better rates available.

-       In addition, the Consumer Credit Directive confirms the right to repay early at any time. It sets EU wide standards on the compensation creditors are entitled to claim in case of an early repayment, in order to lower market entry barriers.

 

Country	2007 Consumer Credit Rate (%)
Austria	7.00%
Belgium	7.90%
Finland	6.30%
France	7.10%
Germany	8.00%
Greece	10.00%
Ireland	6.80%
Italy	9.40%
Portugal	12.20%
Slovenia	8.70%
Spain	9.40%
The Netherlands	8.90%