Banker S.A. December 2012 | Page 26

The consumer credit conundrum Enhancing the relationship between regulators, consumers and lenders There are several key areas of consideration that need to be addressed to create a more responsible and sustainable credit environment for both lenders and consumers. The global financial crisis, caused in part by an asset price bubble, has meant that the rapidly growing unsecured lending sector has come under scrutiny. Most experienced unsecured lenders in the country have robust risk and governance frameworks and regulators have been proactive in developing strong credit regulations, such as the National Credit Act, which contributed in sheltering South Africa from experiencing the full might of the global financial crisis. Yet there still remains a tension point – concerns regarding consumer indebtedness amongst more vulnerable consumer segments may need further exploring in the sector. Mgcinisihlalo Jordan Partner I Financial Services Deloitte [email protected] We contend that unless key interventions are introduced, significant losses by credit lenders could occur. This is in part due to our view that the rise in unsecured lending is supply-side driven, in that the sector has been identified as one of the few growth areas by both existing and emerging unsecured lenders. With the rapid growth in the sector, preventative measures against future stress in the system may need to be considered in the event growth rates continue at an accelerated pace. The opportunity presents itself to further strengthen the current legislative framework and provide more guidance to both lenders and consumers. Enhancing existing Consumer Regulation The National Credit Regulator has noted that additional regulation will not reduce the current levels of debt stress in the market. However the National Credit Act (NCA) does have some limitations that may need further consideration. Rather than promulgating additional regulation, the solution may lie in the better utilisation and issuing of guidance notes in respect of existing consumer protection regulations and compliance standards such as the Consumer Protection Act (CPA) and Treating Customers Fairly (TCF) in protecting the consumer. When reviewing current consumer regulation, regulators should consider focusing on creating more guidance to lenders in terms of where the threshold between indebted and capable-to-repay consumers is. More holistic customer understanding and segmentation A more comprehensive and overarching understanding of customers will increasingly become needed not only for better understanding customers, but maintaining competitive advantage. Lenders need to truly know their customers and this requires an understanding of customers’ total credit records.