Select Committee on Scottish Affairs Second Report


5  Debt

120. The evidence that we have taken suggests that debt is a major issue affecting income and could, if left unchecked, undermine policies aimed at income maximisation. Witnesses from the Citizens' Advice Bureau have said that debt is their single biggest issue, with one in five clients raising a debt problem.[139] They noted that this figure had risen significantly over the past ten years.[140]

Causes of debt

121. Debt commonly arises as a result of rent arrears, utility debts, social fund debts and hire purchase agreements. For some, debt is the result of a change in circumstances, such as the loss of a job. For others, debt is a way of life and the result of poverty. As Ms Susan McPhee, Head of Social Policy and Public Affairs, Citizens Advice Scotland told us, "Basically, their income levels simply mean they have to use credit to get by, so they use credit cards, cash loans, et cetera, to supplement their incomes, not to buy luxury goods but to purchase food, utilities and other household essential items."[141] Households with children are more likely to have levels of expenditure above their income.[142]

122. Debt has become more socially acceptable over the past decade, as credit has become more widely accessible.[143] Some forms of credit entail very high interest rates, charges for missed or late payments and unauthorised overdrafts, unfair lending practices or other hidden charges. These are sometimes the only forms of credit available to those in poverty and may even be targeted at those on low incomes.[144]

Illegal money lending

123. Illegal money lending is still a significant problem in Scotland. The Scottish Illegal Money Lending Unit (SIMLU) has been operational since September 2004. In evidence to the Committee, SIMLU pointed to its successes, but also highlighted areas where a more coherent approach to enforcement would significantly facilitate its work. In particular, SIMLU does not have access to the Police Intelligence Database and has found that Procurators Fiscal often have little experience of dealing with illegal money lending. They suggest that the prosecution of illegal money lending would be aided if the Crown Office were able to assign a Procurator Fiscal to work with SIMLU to ensure that cases were dealt with appropriately and that the criminality of the offence was recognised.[145] We are concerned that the UK Government, the Scottish Executive and local authorities should co-ordinate their efforts, particularly in the area of illegal money lending.

124. The Government has funded a series of pilots to tackle illegal money lending: "Under the pilot, DTI is funding two better resourced and dedicated teams specifically investigating offences of illegal money lending. The teams are based in the Trading Standards Departments of Glasgow and Birmingham. The pilot was launched in autumn 2004 and is funded until March 2007."[146] The pilots were extended in the 2007 Budget, and Ministers have since told us that the scheme will be implemented nationwide.[147]

Legal lending

125. To those in poverty, debt incurred from legal lenders and high street banks can be just as devastating as illegal money lending. We have heard evidence that mainstream lenders push the poor into an endless spiral of credit. Ms Loretta Gaffney, Manager of Glasgow Easterhouse Citizens Advice Bureau gave us an example:

What you are saying about responsible lending is what I would have thought would have been respectable lenders, for example banks, and what we are seeing is banks offering people consolidated loans when clearly the person is in seeing them because they cannot pay the loan they have got, so offering them another loan is increasing their debt. The other side of that is, and let me give an example, I had a gentleman in who wanted us to help him with a number of debts but he had fixed his bank loan himself, he said, 'I've negotiated that' and he thought the bank manager was great. While we were looking at that negotiation, what the banks had agreed was that he pay £20 a month, what he did not realise was he was paying £22 interest a month on that, so in actual fact what was happening was his debt was increasing by £2 per month, and he had been paying it for a year and a half.[148]

126. When we raised the issue of very high interest rates with Ministers, they told us that the issue was currently under review. Rt Hon Jane Kennedy said:

We are aware of the concerns that you are raising. The Financial Services Authority is looking at the experiences of customers in precisely the circumstances that you are outlining. They are conducting a review of the effectiveness of the mortgage regime, particularly in this sub-prime market which is the one which has caused concerns in the United States and has had an impact here through the Northern Rock Building Society. They are going to be reporting on their findings next year and obviously we want to wait to hear what they have to say, but we are aware of the issue. There is a review into it and obviously you will be as interested as I am to hear what that review says.[149]

127. Methods of debt recovery also give cause for concern, There is some evidence to suggest that creditors fail to comply with Office of Fair Trading Guidance on informal debt recovery, which does not involve recourse to the Courts. Local authorities are the largest users of formal debt recovery in Scotland.[150]

128. A thriving industry has grown up based upon making money from the poor and those who lack the financial education to fully understand what a particular offer entails. By adding interest and penalty charges to the original loan, lenders lock people into poverty and a never-ending cycle of debt. Witnesses called for more action on unfair bank charges[151] and some have suggested an interest rate cap. Others rejected this suggestion on the grounds that rate caps may result in all creditors charging the maximum permitted rate.[152] In 2004, our Chairman introduced the Prevention of Homelessness Bill into Parliament which would have given courts the power to impose a cap in certain circumstances (for example to prevent homelessness through repossession). We believe that there is a case for Courts to be empowered to impose an interest rate cap in order to prevent severe poverty or destitution.

Credit unions

129. The impact of high cost credit could be mitigated by greater access to affordable lending. In this context, credit unions play an important role. Credit unions are community based enterprises providing savings facilities and associated low-cost but responsible lending to those with low incomes or who are reliant on benefits. Many undertake additional work such as financial education.[153] The credit union movement in Scotland is strong and membership has quadrupled in three years,[154] however, its activity is largely focused in the Strathclyde area, with fewer unions operating outside Glasgow.

130. Credit unions are an important alternative to expensive forms of lending such as home credit agencies, which may also build up relationships within a community local residents through home visits, but which are less regulated and often charge high levels of interest.[155] The Government has allowed credit unions to increase the interest rate they charge, in part to allow them to make less secure loans to people who might previously have been turned away.[156]

131. Money from both the Treasury and the Scottish Executive has gone into supporting the growth and development of credit unions, but evidence has suggested that policy and funding streams are not properly 'joined up': evidence from the Scottish Churches Social Inclusion Network stated:

Tackling debt involves matters within the reserved powers of Westminster (e.g. credit market regulation, financial capability and the Social Fund) as well as others within the remit of the Scottish parliament (e.g. debt recovery, financial capability and promotion of credit unions) [...] while there is clearly much behind the scenes co-operation between the UK Government and Scottish Executive, the lack of transparency prevents more engagement of those working to tackle poverty within these policy discussions.[157]

The Social Fund

132. Another source of affordable credit is the Social Fund. The Social Fund is administered by Jobcentre Plus and provides discretionary lump sum payments, grants and loans for costs that cannot be met from a client's regular income. During this inquiry, witnesses criticised the limited extent of the Social Fund. Save the Children said:

We think the Social Fund is clearly not meeting its purpose and there is a whole range of ways in which there could be improvements. Our primary concerns are about the size of the pot and its reach. Far fewer people are able to take up Social Fund loans and a great many people do not even know about its existence. There are also concerns about levels of repayment and a real need to expand the system of grants.[158]

133. The Work and Pensions Committee has recently reported on the operation of the Social Fund. It found that, despite additional resources of £90 million since 2003, the Fund still suffered from "outdated distribution of budgets, inaccurate decisions, lack of consistency and poor management information."[159]

134. In oral evidence, Caroline Flint MP defended the Social Fund, saying:

The numbers of applications to the social fund are going up so obviously people are using it. It is not an under-used service. […] In 2006-7 over 2.6 million discretionary grants and loans were awarded with a total value of £827 million. Of these, over 0.4 million awards worth nearly £104 million were made to applicants in Scotland. That is quite significant in that it is a well used service. Today, you can do it by phone, ringing up for a social fund, so again we are trying to expedite for people as quickly as possible. I am not saying it always works perfectly all of the time, but generally I think it is pretty good.[160]

135. Despite the existence of alternatives, including credit unions and the Social Fund, many people still turn to home credit and other high cost lenders. This can be put down to issues of availability and convenience. Home credit is available quickly and easily, and there are often few checks on the ability of the debtor to repay the debt.[161] We agree with the Work and Pensions Select Committee that a reformed and expanded Social Fund could offer a source of affordable credit for some of the emergencies that might tip a family into poverty (for example, the purchase of a new cooker) as an alternative to high cost commercial credit.

136. We endorse the recent recommendation of the Work and Pensions Select Committee that the Government should look in more detail at the potential for increasing the eligibility for the Social Fund. We believe that the Social Fund should be reformed and expanded through an increase in resources. A more extended service of affordable credit to those in most need could offer a real alternative to high cost credit.

Financial advice and inclusion

137. Whilst irresponsible lending must be tackled, there is clearly also a responsibility on the individual only to borrow money that they can afford to pay back. Here, the issues of financial inclusion and literacy are key. 37% of people in Scotland have no savings and 11% of Scots do not have a bank account—a figure that rises to 18% amongst those with low incomes.

138. Even for those with bank accounts, access to banking facilities, including free ATMs, is an issue in areas of disadvantage and particularly in rural communities. ATM charges can often amount to a significant percentage of the money that is withdrawn, particularly for those on low incomes. Ms Susan McPhee, Head of Social Policy and Public Affairs, Citizens Advice Scotland, said:

what we found through an online survey was that 25 per cent were use pay-charging cash machines once a week. People on benefits, for instance, who may be only taking out a withdrawal of £10 are paying £1.50 at a time. We found that there were what we call "free ATM deserts", areas of deprivation which simply have no free machines at all. If people want to go to a free ATM they have to get a bus ride, all of which will cost them more money to get there.[162]

139. The Government have told us that access to banking, affordable credit and face-to-face money advice are priorities.[163] Caroline Flint MP said:

Part of it again is what we have been looking at, the financial inclusion agenda, how we can also within the culture of benefits encourage people to actually take more responsibility for their finances. […] For example, local housing allowances, where we are looking at actually giving to people in the private rented sector the actual allowance for their housing, which is about getting them to engage that this is a sum of money and they then have a relationship with the landlord. Again, it is trying to think of ways about how we develop the financial responsibilities of families who often maybe never see much money because a lot of things are paid off elsewhere on their behalf or by agencies, provide the sort of support in the form of credit unions, but I have to say—I hope we are in agreement on this—in the private, commercial financial sector, how they could play a role as well with people on low incomes to encourage them to have bank accounts and what have you.[164]

140. Stewart Maxwell MSP told us that the Scottish Executive's policies focused on advice and education:

We have invested a large amount of money in terms of Money Advice and, in fact, the current figures which are from a report carried out in July 2006 showed that government was funding 130 full time equivalent Money Advice posts, which is around half of all the advice posts in Scotland. That is one thing we are doing. The other thing we are doing is making sure that the Curriculum for Excellence which comes in 2008 09 will have Money Advice as part of the curriculum to try and help many of our young people to understand how to deal with and tackle their financial situation.[165]

141. In 2000, our predecessors recommended that more money advice centres should be established in Scotland's poorest communities, along with a telephone advice line. Progress on these recommendations appears to have been slow.[166]

142. Our evidence leads us to conclude that more action on irresponsible lending is necessary. Lenders must be obliged to offer credit responsibly and above all transparently. This is not the only solution. Once again, in order to tackle the problem of debt, a coherent strategy must be implemented across a range of policy areas, from the regulation of credit agencies to better education in financial literacy. Co-ordinated action will be needed on the part of the UK Government, the Scottish Executive and local authorities to ensure this takes place.



139   Qq 685 and 702 Back

140   Q 122 Back

141   Q 685 Back

142   Ev 326 Back

143   Q 246 Back

144   Ev 224 and Q 707 Back

145   Ev 383 Back

146   Ev 288 Back

147   Q 915 Back

148   Q 688 Back

149   Q 916 Back

150   Ev 22-23 Back

151   Q 687 Back

152   Qq 247, 707 and 766 Back

153   Q 747 Back

154   Ev 225 Back

155   Q 766 Back

156   Q 751 Back

157   Ev 208 Back

158   Q 425 Back

159   Work and Pensions Committee, Sixth Report of 2006-07, The Social Fund, HC 464, p.3 Back

160   Q 918 Back

161   Ev 227 Back

162   Q 763 Back

163   Ev 288 Back

164   Q 915 Back

165   Q 860 Back

166   Ev 330 Back


 
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Prepared 17 December 2007