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In April 2000 the Office
of Fair Trading announced:
Household names are among lenders who have been told to stick to
the rules on annual percentage rates (APRs) when advertising credit.
The OFT has issued guidance which tells lenders that:
- The cost of Payment Protection Insurance (PPI) must be reflected
in the APR when it amounts to a condition of a loan. Some lenders
offer discounted interest rates which are only available if PPI
is taken out.
- Advertising a minimum APR is only acceptable if a typical
APR is also given. The latter should be more prominent.
Failure to comply may leave a company open to prosecution under
the Consumer Credit Act, the consumer protection authority said.
Trading Standards take the lead on such cases. Offenders can be
tried either in a Magistrates Court or a Crown Court. Those found
guilty in the former can be fined up to £2,000. The maximum sentence
in a Crown Court is two years' imprisonment or a fine or both.
The OFT’s aim is to stop loan advertisements which promise more
than they offer. A typical example of where the cost of PPI is not
obvious is where a loan without PPI is offered with an APR of 12.6
per cent and the same loan with PPI is offered at 10.4 per cent.
Had the PPI been properly reflected in the total cost of credit,
the APR would have been 19.7 per cent.
A typical example of using a minimum APR is an advert that promotes
personal loan rates "from only 9.9 per cent APR." When a consumer
telephoned asking for a loan, an APR of 14.8 per cent was quoted.
It was not clear in the advert that the low rate was limited to
certain types of loan or that consumers had to meet specific conditions.
The Director General of Fair Trading, said:
‘We are receiving an increasing number of complaints about credit
advertisements that do not comply with the regulations. Lenders
want to advertise competitive rates but too often the headline figure
is being used to hook new borrowers rather than describe what is
on offer. Borrowers must be given sufficient information to enable
them to compare products. Some of the breaches may be through ignorance
of the regulations, but, in other cases, consumers are being deliberately
misled.
‘Some lenders are trying to hide the cost of PPI by linking it
to a discounted interest rate. While PPI may be useful, it is being
aggressively promoted and I am concerned that borrowers are being
tempted into taking out something that may not suit their circumstances
and without knowing how much it will cost them in the long term.
Some firms have argued that where PPI includes a life insurance
element it should not be included in the APR but we do not agree.
This point will be put beyond doubt when new regulations will come
into force in April.
‘Similarly low APR adverts are common currency but don’t actually
live up to expectations. When inquiries are made potential borrowers
are finding that for all sorts of reasons the loan they are offered
comes with a much higher APR. The purpose of APRs is to enable consumers
to compare products. Lenders cannot continue to subvert this aim
without expecting action to be taken against them.’
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