IVA.CO.UK DEBT DEBATE - TRANSCRIPT
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Speaker key
UF Unidentified female speaker/s
Presenter Karen Witchalls
CH Chair, Mr. Peter Hobday
JF James Falla
EP Eric Pentecost
MG Melanie Giles
MH Mark Hoban
VC Dr. Vincent Cable
KW Keith Whincup
AB Anne Belsey
UM Unknown male speaker/s
IG Ibrahim Ginesh
Presenter: To start, could I just ask that you have all turned off your mobile phones? I
don't want any beeping or tunes going off. Well, a very warm welcome and thank
you very much for joining us today at this key event of IVA.co.uk's Debt
Awareness Week. I'd now like to hand you over to our chair for the morning, Mr.
Peter Hobday.
CH Thank you very much indeed, ladies and gentlemen, and welcome here. I'm glad
you all found this place. I got lost this morning. We have a very distinguished
card who have also found their way here. I'm going to introduce them one by one
and I'm going to ask each of them to say what they think is maybe the big issue
that faces the country and individuals in terms of debt and all the rest of it.
I've got a couple of figures here. One in five people in the United Kingdom, and
that's 8.5 million have unsecured debts. In other words, they've got '10,000 and
they've got pretty well no way of paying it back ' one in five people. That's
just one of the fairly worrying statistics and the Department of Trade back in
November last year actually reported a 63% increase in personal insolvencies. So
we have, I think, a sort of national problem as well as a personal problem.
Those are just some of the statistics to bear in mind. Let me just introduce the
card and after that I want to go to you and hope you will all ask as many
questions as possible and I'll try to get the right person or the right person
will offer themselves to answer those questions. I'm going to start right at the
far end there with James Falla, who is a debt expert. Ten years experience as
the MD of a debt consultancy and you often probably have seen him also on the
BBC talking about it. James, what would you say was the big issue is as far as
you're concerned?
JF First of all, good morning. I would say that the number one issue on my mind
is increasing public awareness of how easy it is to get into debt and the
difficulties people can face if they do get into serious debt, which they can't
repay. One of my big issues is trying to ensure that more people understand
those problems and then, hopefully, don't get into a situation where they can't
repay the debt that they owe.
CH Thank you very much. Sitting next to James is Professor Eric Pentecost,
professor of economics and programme director for MSC in economics and finance
at Loughborough University. He used to be at the Bank of England. He's a number
cruncher. Eric, from an economic perspective, what do you think is the big
issue?
EP My perspective on debt as a macroeconomist is that it isn't really an issue
at all because the aggregate household sectors assets far exceed their
liabilities. So in a strict accounting sense there is no debt issue or no debt
crisis. The problem of course is it's not so much the actual level. It's the
distribution within that population and, as you said, some people in the
household sector are very much heavily in debt. On the other hand, there are a
lot of other people in financial credit.
CH So the nation shouldn't worry. It's the individual.
EP Indeed.
CH Fine. Thank you very much, indeed. Now, sitting next to the professor,
Melanie Giles who's an insolvency practitioner. I know we've got some sixth form
people here studying insolvency so what you'll have to say is going to be of
particular importance to the next generation. What do you think is the big
issue, from your perspective?
MG Thank you, Peter, and good morning. I'm an insolvency professional. I've been
working with consumer debtors for a number of years. We have to appreciate that
when banks lend money on an unsecured basis they're taking a risk and things are
going to go wrong. People like me step in to try and address that issue when
things go wrong and the key issue for me at the moment is finding a solution
that is actually tailored to deal with consumer debtors and understand the needs
of the consumer as opposed to businesses. I hope we can explore that later on
today in the debate.
CH So if I'm in debt you're on my side, not the bank's side?
MG I think we're on both sides, Peter. We just try and make both sides come into
the middle and work on a solution.
CH Thank you very much. We've got two senior politicians with us to give us
their perspective because, in the end,quite often this becomes a political
issue. Sitting next to Melanie, Mark Hoban, who's the shadow financial secretary
to the Treasury. Of course you're also a chartered accountant but you're also a
Tory. Maybe the two go together. Mark, what do you think is the big issue?
MH Peter, thank you. I think what is important is to ensure that we have in
place a range of tools to help people manage their debt so that people
understand the consequences of taking out loans or credit cards and when the
problem becomes too great that the right solutions are in place to help them get
out of that hole.
CH Thank you very much. Finally, Dr. Vincent Cable, Shadow Chancellor and
Liberal Democrat.
VC My basic perspective is I think the problem is more serious in aggregate.
It's not just a problem for individuals. I disagree with the Professor on this
one. The conventional view, the Chancellor's view, is that there's a problem of
some individuals, two million in serious trouble, four million struggling but
we're still talking about less than 10% of the population. I think the problem
is serious in aggregate. Three quick points. First, the servicing of debt, which
according to the OECD is now approaching 20% of income. If you include credit
card repayment it is historically very high. The household balance sheet
position is not as strong as it appears because all the assets or most of the
assets are property and there's a very volatile market. We've been through a
period of strong economic growth with full employment. A period of economic
downturn would completely undermine the assumptions under which many people's
borrowing optimism is based.
CH How far are we from the precipice?
VC Well, I don't describe it as a precipice but I think it's entirely plausible
that within two to three years you could have a much more negative outlook than
we do now.
CH Thank you. Just the time we change governments really. Questions?
KW My name's Keith Whincup. I'm from an organisation called SAFE, which is
Struggle Against Financial Exploitation, and we're also the secretariats of an
all party parliamentary group which is also Struggle Against Financial
Exploitation, headed by Lord Ahmed and Alan Keen and Vincent Cable is a member
of that group. I've just listened to the professor. Yours is a typical Bank of
England type response that there are more people with equity than there are
without. It's just funny that I noticed in the paper today that house
repossession has gone up 65% in a year. How long before it actually turns the
corner from your number crunching because people won't be in equity if they keep
getting their houses repossessed and then, of course, if they've gotten
repossessed then you come along, usually do the job for them, make people
bankrupt. Perhaps we could cure credit that way because then they can't get
credit again.
CH Your point is that, in a sense, the experts need to look really at the
individual rather than the great big numbers?
KW No, I think the problem with the experts ' and, believe me, I've been dealing
with them for quite a lot of years as I've been a director of SAFE since 1993,
when I lost my business ' is that they only look at figures. They do not see the
human part or the human misery that goes along with it.
CH You think the experts are a waste of space?
EP I should make it clear that I don't actually work for the Bank of England
anymore. I've obviously got friends in the bank who [unclear] that view. I take
your point entirely. My statement was definitely provocative, in a sense. I've
only looked at the numbers, as you say. Household sector, assets, so many
billions. Liabilities, a few less billions. There's clearly a surplus. Now, two
points you make. First of all, a lot of that debt is secured debt. 83% roughly
is secured debt based on mortgages, based on property values. Now, should house
prices take a fall, as they did in the early 90s, then this nice position could
very soon become very dodgy, very difficult. They could be forced into negative
equity and so on. I fully accept that. On the other side, the unsecured loans, I
think it's about 15% to 17% of total debt that is unsecured ' credit cards and
bank loans. In a sense, it's a small number but, equally, I wouldn't want to
play it down. There are people who have got access to credit and they've well
exceeded what they should've taken and are in serious trouble. I'm not denying
that.
VC Let's start with those repossession numbers and see what significance they
have. Of course, at first sight it's very small - I think 0.01% of the market -
and it seems trivial but, actually, it's much bigger than it appears there are,
I think, six times as many actions that are being started in the courts that
have currently manifested themselves in repossession. The key point to me is
that there are no safety nets. The mortgage insurance market doesn't work and
most people are now withdrawing from it anyway. The government doesn't offer
safety nets because there was a little noticed change in the social security
regulations and if you are made redundant it now takes, I think, nine months
before you get any help from benefits. So if you get in arrears on your
mortgage, you get into trouble with the bank, there is no help. You're on your
own.
JF I think that the number of people who are actually declaring themselves
insolvent in this country at the moment, as a proportion of the country, could
be argued to be relatively small but I think it is absolutely right to say that
a lot of people are walking a tightrope. A lot of people are walking on the edge
of disaster because, despite all the warnings and people saying you shouldn't
overextend yourself and don't take too much on the mortgage, we're now seeing
mortgage lenders offering five times income and people are extending themselves
considerably and we are going to see increases in interest rates over this year.
Nobody knows exactly how much but I would predict probably 0.5% by the end of
the year wouldn't be unlikely. So you are going to see many, many more people
who at the moment are just managing. They are going to be tipped over the edge
and that's the problem we're going to have to be facing.
MG And whilst we have a banking system that is still very prepared to lend and
we have a consumer system, which is very prepared to borrow, this is going to
continue. I find, with the majority of the clients that I see, a complete lack
of financial awareness of what debt is and what money is and I think we're
losing the value of what money and what owing a debt actually is.
CH You're saying as the banks continue to lend and the financial services
continue to lend. Is it that they, in a sense, are being as irresponsible as the
people who borrow too much or am I really going up the wrong track in trying to
have a sort of blame game?
MG I think there are blames on both sides, Peter. There definitely is
irresponsible lending but there definitely is irresponsible borrowing. The banks
are in a very competitive marketplace. There are a lot of new entrants coming
into that consumer lending marketplace and while that's there people are going
to take advantage of it and I think in the younger generation ' we were talking
about this earlier ' the awareness to what owing a debt is or saving up for
something that they want to buy is just disappearing.
MH I think Melanie's right. There's a change of people's perception of debt but
I think it's very easy to become quite gloomy quite quickly about the situation.
I think, yes, there are people who are close to the edge but recent academic
research has demonstrated actually there isn't a high proportion of people in
debt who are in that margin and even 0.5% increase in interest rates won't
necessarily lead to thousands of people tipping over into insolvency and
financial problems. I just think we need to get the problem into perspective a
bit and not be as gloomy about where we are. Debt is quite a key part of the
economy. People do borrow and lend responsibly. Some people do actually make the
wrong decisions but I think we need to get it all in perspective rather than be
too negative about where we are.
CH This is one, really, for the two politicians. The political response to this
would presumably have to come if it does become a crisis but you can't just turn
it off, can you, because that would actually provoke an even worse situation.
How do you prepare for, in the jargon, a soft landing if suddenly house prices
are beginning to fall, interest rates are going higher and all the rest of it
and the sorts of numbers that Eric was talking about it then becomes an absolute
political problem? What do you guys in the House of Commons do about it? What do
you counsel?
VC In the House of Commons, of course, we're one step removed from financial
regulation because it's now done by an autonomous agency, the FSA. So we don't
actually have direct access to the mechanics of financial regulation. I think
there are two things that we should be thinking about on the regulatory front.
The first, which you've already hinted at, is at the moment there is virtually
no constraint on lending. It's very easy to lend money. There is active debt
promotion. On the other hand, if you want to invest a bit of money, you have an
extremely complicated difficult time consuming regulatory practices. There's a
terrible imbalance between the regulation of saving, which is very heavy, and
the regulation of lending, which is virtually zero. I think the other issue,
which is a technical one but one does have to grasp, is that at the moment the
only management of the financial sector is through interest rates. There are
complicated procedures under what's called the Baal [?] rules which governs the
amount of capital that banks have but that isn't being used to manage cycles up
and down. It's entirely passive and is actually contributing to the problem.
CH Obviously Baal is the Swiss city where all the central bankers meet.
VC It is an international protocol under which banks have to keep a certain
amount of capital in order to protect themselves from insolvency but this is not
used to manage the cycle of the property and other markets and, arguably, it
should be.
JF We're talking a little bit here about banking and banking responsibility but
I also think it's important not to lose sight of the personal responsibility we
have in terms of borrowing money and it's very easy, and people in this country
seem to be going down the line of it's not my responsibility, it's not my fault
but I think we need to keep in sight that you are not forced to borrow money. So
a certain amount of personal responsibility and personal restraint is going to
be part of the solution to a problem, whether the problem is now or impending.
CH It's easy to say that but, at the present moment, if I go to my bank and if I
ask for '50,000 and they say sure, sign here, have I been really irresponsible?
Shouldn't the bank, in a sense, if it's protecting its shareholders' money, its
investors' money, its depositors' money say no way, Hobday? In other words,
shouldn't they be exercising the restraint because they're the professionals,
they've got the advisors, they've got all the rules, they're on the stock
market? Just because I'm being irresponsible'
MG They certainly should take steps to make sure you can have a good chance of
paying the money back. I'm not convinced that that actually happens.
AB Good morning. My name is Anne Belsey, the leader of the Money Reform Party,
which was founded about two years ago to educate the British people and their
politicians about the nature and origin of the money supply. We now have a
situation where 97% of the country's money supply is created as a debt. Without
the debt we wouldn't have any money. The economy wouldn't function and, of
course, the debt raises charges of interest, which means that the debt is
actually growing faster than the money supply. Given that, we're facing three
possible options, and I would like the card to give me their preferred option
out of the three. One is that we can carry on as we are with an increasing level
of debt, and it will have to go up. It has to keep going up to avoid number two,
which is that we allow the economy to go into a recession that would be even
greater than that of the Great Depression in the 1930s. The third option is that
we actually replace our debt-based money supply with a debt free and interest
free money supply created by a public authority for the benefit of the public
purse. Of those three options which would the card prefer?
EP The money supply or the cash supply, I think, as a not very good
macroeconomist, is largely based on public debt. It's not private sector debt,
in a sense. It's issued by the government, which in a sense can't default on its
payments. In that sense, I don't think it's quite the same debt problem as the
household debt problem. The government's debt in this country is fairly low
compared to European standards anyway.
AB Household debt is twice government debt. 60% of all the money in this country
is backed by mortgages. Mortgages are held by households, not by government.
EP No, the money supply is backed by government bonds.
AB No, it's backed by individual mortgages.
EP No, I disagree.
CH We're going into very arcane economics here.
EP What I would say is I would like to see us carry on as we are. In your three
options I'm going to go for the carry on option.
MG With more responsibility on lenders to make sure it's going to work.
EP Maybe that's right, yes.
MG I don't think there's necessarily a problem in having debt but as long as
there is a responsible way of repayment. It is the unpaid debt that is causing
the problem, not debt generically.
VC There is a sort of long argument in economics textbooks, which I think this
relates to, which is about how money supply can be created by governments and
governments then attract the senior edge. I don't buy into this but I think
there is an important insight here, which is that at the moment in Britain, as
opposed to in the European Union, we don't actually keep track of money supply
and we ought to. Interest rates are the only mechanism we're using for managing
money. The Bank of England should be much more explicitly concerned with the
growth of money supply. At the moment money supply is growing very rapidly, but
what we're talking about is the expansion of credit and, arguably, in a very
unhealthy way. It's all spilling into the property market rather than into
normal inflation, but it is worrying and I think we should be focusing on money
supply.
CH We could go on for hours but I hope you'll mull over that, and if you want to
come back to them later, please do.
UM Hello there. I represent Freelance Artists on the rights side and I don't
speak for all of them, but as there is an increasing amount of freelancers in
the working market, and obviously self-employed people as well, the freelancers
obviously represent a greater problem when it comes to being in and out of work
or contracts. We take on a certain amount of debt in between work and contracts
and I think I'm safe in saying that a lot of people are prepared to have a lot
more debt these days, but we are running a bigger risk as well with our
financial management. One of the questions I want to ask is there has been a
growth in the IVAs as opposed to bankruptcy and I was wondering if the IVAs are
being missold or is this a better solution?
CH It's an interesting question because there's been a bit of coverage about
IVAs. Are they good? Are they bad? Should we or shouldn't we? Melanie, would you
like to tackle that? Just take the first bit, which is quite interesting. I've
been travelling in continental Europe and both in France and in Italy and I've
noticed this idea of what they call the precarious nature of employment, that
you can be in of work and out of work, and the problems of finance. Just tackle
that first and then take the IVA one.
MG The IVA has been with us since the mid 80s so it's not a new product.
Primarily it was brought in to deal with people such as yourself,
businesspeople, self-employed people. Of late it's been used far more for
consumers because the consumer has become far more aware, of it as an option
through media coverage, through advertising. Whether there is misselling I don't
personally believe there is but there is certainly a lot of media awareness to
the option. It is a viable option. The reason there are so many IVAs at the
moment is because banks are agreeing to them and accepting them. I think they're
a workable solution. They are just one option and we mustn't be advising people
that they're the only option.
JF I would add to that to say that it is important to understand that an IVA is
not a way of getting out of paying what you owe. So many people may think
incorrectly that I owe a lot of money, I think I'll just do an IVA and that'll
be great. Actually, you can only undertake an IVA if you truly are insolvent. So
if you cannot repay the money that you owe that is the only time when you will
be allowed to undertake an IVA and the people you owe the money to, the banks,
have to give their blessing and agreement to that. You can't just decide I'm
going to do an IVA today and, off you go, I'm going to be in one. That is not
the way it works. In my experience, I've worked with people over the last ten
years who've had very serious debt problems, and the majority of them do not
want to be in that position. They don't want to be going into an IVA and it's
not an easy option. Believe you me, trying to repay back as much as you can over
a period of five years is living within a very tight budget. It's being dictated
to about how you can use your finances because the people you owe money to are
saying you have to agree to pay us this much back and you can't waver from that.
So it is not an easy option and some people very often mistake the IVA as some
kind of magic wand. It absolutely isn't.
CH Can I just butt in because one of the questions was the fact is that if
you're self employed, a freelance artist or whatever, and you're in and out of
work or you depend on contract work, is the IVA, should you need it, a valid
route because there it's not like having a permanent employment. You might well
be very rich in the first three months of the year and then have absolutely
nothing for the next four months of the year. How does that compute with the
restrictions on what you can do or not do under an IVA scheme?
MG IVAs have to be flexible to deal with the individual needs of an individual
client. So for somebody who's self-employed there needs to be more flexibility
built into the agreement.
MH James talked about how difficult an IVA is but, actually, if you listen to
the adverts you hear on the radio about IVAs, it sounds like a very cheap and
easy way to sort out your debt, to get rid of all the debts you've built up over
a long period of time and it sounds painless. Actually, one of the issues, I
think, is that the marketing of IVAs has led to a greater interest in them, that
more people have come forward to the IVA factories, these businesses are
processing large numbers of IVAs, it's profitable for them and we've seen, only
last week, two or three IVA companies have had to issue profit warnings because
actually the market isn't as buoyant as they thought. Part of that is because
banks are taking IVAs much more seriously but I don't think anyone should be
under the impression that IVAs are an easy route out of debt. It goes back to
your point, Peter, earlier on about responsibility. The message that comes
across from this marketing is that people don't need to take responsibility for
their own debts and I think people should take responsibility and they shouldn't
be given a get out of jail free card.
VC There are rogues in the IVA market, as in others, but I think the key
attraction for many borrowers is, of course, you can protect your home in that
way, which is more difficult than bankruptcy proceedings. The IVA companies are
now under attack, not from the borrowers but from the banks because they feel
they're not getting their share of flesh in all this. That's the brutal reality
of it. A final point on the self employed, there has been a very disturbing
tendency in the last few years, which I referred to the FSA, of a very, very big
increase in income non-verified mortgages. Those are important because it's a
way in which the self-employed can get access to mortgage because you don't have
to have proof of income but it is being abused by some of the banks to bump up
their mortgage lending in rather dodgy circumstances and get around some of the
regulatory controls.
CH It seems to me that somehow the banks work with computers and technology and
we, human beings, is there a kind of mismatch between that because I can
remember many years ago when you could go and see a human being in a bank or the
human being called a manager called you in and said, now, look, you're spending
an awful lot of money, we've got to do something about this. Now you get a
computer generated letter that says unless. Is that part of the problem, that
the banks have become so automated, so computerised, so technologically
innovative that they forget the human side?
VC Yes, I think some of the banks realise that. They are trying to recreate some
of the bank network feel and there has been a reversal of policy on that. It
isn't just a question of getting a computerised letter. You now get
conversations with Daleks. There is a new practice coming in that if you overrun
your overdraft you get a telephone call on your mobile and a Daleks speaks to
you and reminds that you have overdrawn.
CH Exterminate your overdraft.
VC Yes, and then you discover you've got a '30 charge on your next bill for the
call.
CH Thank heaven I haven't had one of those.
UF I was just carrying on from the IVA. You were saying about how difficult.
Therefore, are you just saying it's better to go bankrupt? Is it better then to
just wipe out all the debts rather than do the IVA?
CH Bankrupt or IVA? The choice is yours.
JF It's a very good question and the answer to that absolutely depends on the
individual circumstances. The first and, as Vince brought up, the primary
question is are you a property owner because if you are a property owner and you
declare bankruptcy there is a very high percentage risk that you will lose that
property. If you undertake an IVA you retain control of the property. You will
still have to release money from that property, almost certainly, to give back
to the banks but you do still have retention of control in the property. So,
very much, if you're a homeowner there is a very big difference. Also in
bankruptcy, various jobs are affected ' financial services jobs, accountancy,
that kind of thing ' but you are right, and I see it a lot now and it's a big
issue, younger people who are starting to borrow a lot of money' We've seen a
young guy in our office just this week, 22, 23 years old, owing '50,000 on
credit cards. Now, this guy has got no assets. In fact, he's living at home. The
best advice to him will be to declare bankruptcy because it would be the
swiftest way for him to deal with his problem. Now, he will have effects in the
longer term, in terms of his credit rating will be affected over the next six
years and whatever else but he's got no property to lose and so I think it would
be wrong to say he should be doing an IVA if the bankruptcy is the right thing.
Now, he may say, actually, I feel I want to pay as much back as I can and,
therefore, I would prefer to go down the IVA route but we're finding more and
more young people are not taking that attitude. They're just taking the attitude
of, well, the bank shouldn't have lent me the money in the first place so I'm
going to go bankrupt and next.
MG It depends how you measure that phrase better off. 95% of my clients probably
would be better off financially if they had declared bankrupt. The majority of
people that I'm seeing at the moment, James, still have this moral obligation
that they want to pay back as much as they can. I don't think the majority of
consumers actually go out with the intent of borrowing money that they can't
afford to pay back. There are usually good reasons for the debts ' job loss,
change of circumstances, death or divorce. People don't intentionally go out
borrowing and when things go wrong I find that the majority of people do
genuinely want to pay something back, and there is still a social stigma
attached to bankruptcy but I think in time, James, another generation and that
will go.
CH There's a great deal of advertising, television advertising particularly,
about consolidating your debt as if this is a sort of triumphant thing to do.
Maybe it is but this whole idea of the happy family and children playing and
what have you, the phone rings, how much, 25, thank you very much indeed, thumbs
up and the wife goes off singing to the kitchen to make a cup of tea. You
somehow feel that this is so glamorised.
MG Consolidation in itself, Peter, is a good measure of budgeting. The problem
is that people use debt consolidation to repay a number of debts and then
continue to use those original sources. We get into what we call the debt spiral
where debts just carry on going up and up. It goes back to my earlier comments
about people not really realising the true value of money or the true
implications of debt anymore.
CH Somebody once likened it to me as young people these days don't realise that
milk comes from cows. It's the same view of money that it automatically comes
out of a hole in the wall.
MG It would be interesting to maybe get some comments from these younger members
of the audience.
CH I've asked them. None of them are in debt, they tell me. They're looking away
from me now.
VC I think what this discussion highlights is the question about who do you go
to when you want advice. Who do you ask whether an IVA or bankruptcy or some
other mechanism is appropriate? We no longer have fully independent financial
advice in the commercial sector. You can go to the CAB but they're difficult to
get to and will only deal with extreme cases. The government has promised a
rollout of a national financial advisory network on a kind of pro bono basis,
but it's not coming till 2012 and that is a big gap in the system.
MH Just to add to what Vince has just said, there are people out there who will
advise, not just the CAB. Money Advice Trust, which is funded by a range of
organisations from the financial services sector, will give advice and the
Consumer Credit Counselling Service, which offers both telephone based and a web
based service, to help people manage their money and come up with solutions to
their problems. I think one of the challenges facing banks is to make sure they
actively refer their clients to those organisations first before they go down
the route of approaching an IVA factory.
CH Sometimes, even if you go for advice' Not so long ago I changed my mortgage
and I knew what I wanted to do. I had researched it and done absolutely
everything but I was told by the mortgage company I went to, that I had to go to
an independent financial advisor who then put me in touch with the mortgage
company, who told me to talk to the independent financial advisor. I got the
mortgage that I wanted and all the rest of it and I got a bill from the
independent financial advisor for '1,000. I thought, hang on a minute. I was
trying to take responsibility. It's cost me '1,000 to do what I wanted to do
with advice that I didn't need.
UM No disrespect to the card but there is no accountability for the banks,
lawyers, and the courts. There are so many different organisations. There are
330 parliament acts by the Labour government but it's acts of parliament. We've
got 330 acts with nobody to place these acts. It is not just the people who have
created their debts and have to pay for it but there are a lot of people, as Dr.
Vincent Cable knows ' he's got people in his area as well ' including myself
who've never been in debt. I was a respectable person working for Reuters for 20
years before I was made to retire but it's lawyer fraud which has snowballed
under this, which is not covered. There must be an accountability before we can
address anything. Who are lawyers accountable to?
CH I'm very conscious of the time but you make a very, very good point. The
point really is surely it's the professions in the end who are supposed to be
the people who know all about all of this who should take much more
responsibility. Yes, the individual should. This seems to be the point but you
can't keep on saying it's both sides. What are the professions doing? What are
the lawyers doing? What are the insolvency practitioners doing? Does he have a
point?
JF Part of the problem, Peter, is that there are eight different organisations
that regulate insolvency practitioners. It's actually very difficult, I think,
at the moment to regulate that sector because of the fragmentation of the
bodies. Actually, I think that those organisations need to take some
responsibility to get the regulation right.
UM Can I just hand that to the panel?
CH I'm more than happy to hand anything to the panel.
UM There are universities who have done studies on this.
CH The Accountants and Lawyers Laundromat. I have to be careful because my
daughter's a lawyer and I have to go home.
UM We can't blacklist all the law agencies but there is no accountability.
CH I'm not trying to cut you off but I'm just very conscious of the time. Can I
just go to the chap at the back who's been waiting because you did have a go and
I'd like to have as many views as possible? Sir, thank you for your patience.
UM Thank you. Are we investing enough, if indeed anything, in educating young
people in personal financial management, taking in mind that not everybody has a
natural bent for accountancy but will have to handle money in their lives and,
as part of an IVA, would it be helpful to invest money' This is a political
problem. Once it's reached the scale that we have now you have a political
problem in the country. So we have to be looking at government initiatives to
help, at least, alleviate the problem if not cure it. Would it help to have some
sort of financial rehab involved in an IVA?
CH That's a nice thought. Thank you for that. I'm not trying to embarrass you
but you're doing insolvency as a module. I'm just asking these young people here
because they're in the educational system at this moment. Does anybody give you
any idea of how to manage money? You're doing insolvency but do they say you
should do this? Have you ever had any lessons on managing money? No?
UM Manage businesses.
CH Manage businesses but not necessarily how to manage your own' Nobody's taught
you that. Thank you for that.
UF I'm a student from Thames College and, as you know, we have been offered
credit cards by credit companies and stuff like that.
CH May I ask you your age?
UF I'm 18 years old.
CH And you've been offered a credit card?
UF Yes. My question is there are at least 100 million unsolicited but
pre-approved credit card application forms. As you know, we are going to be in
debt soon so what sort of help and support is provided to alleviate the
problems?
CH This is interesting because it is education, isn't it, at the end? If my
generation and others are already having problems it's the next generation you
could say.
VC Things are happening slowly. The level of financial education at the moment
is abysmally poor and very patchy. There are some very good operations. The
Institute of Financial Education is one, which now do certificated courses, and
I've been to some of them and seen them in action in my own area, but they're
covering a tiny percentage of the student population and they're mostly kids
who, in any event, are going to do things like accountancy. So it's not getting
through to large numbers of people at the moment and the government's idea is
that you should include financial education in the maths syllabus in order that
people learn about compound interest and so on, which is fine but incredibly
limited and just doesn't grasp the magnitude of the problem.
MH Vince is absolutely right. There isn't enough coverage in the curriculum for
financial education. We do need to educate young people in the same way we need
to educate other sections. We've suggested that there should be for 11 to 18
year olds compulsory financial education, as part of the curriculum so young
people can understand more, not just about interest rates but actually how to
budget, how to look at managing their money and some of the products that are
out there. So there's a greater awareness of these issues.
CH Melanie, the other point that the gentleman raised, this idea of some kind of
financial course for people who've got into trouble, attaching that to an IVA,
it's a bit like if you're had for drunk driving. You go along and have to do an
alcoholics sort of thing.
MG Rehabilitation. I think any education is good education, Peter. What I
regularly see, which never ceases to amaze me as a practicing IP, is people
coming into my office who, A, don't know how much they owe or who they owe it to
and, B, don't do the simple maths of what they've got coming into the household,
and what they've got going out of the household every month. That, I think, is
actually quite frightening. If we're not going back to the old days of Home
Economics maybe within schools then I think this problem is going to get bigger.
CH Home Economics used to be how to make your own marmalade and save money on
fruit. James, a final thought?
JF Yes, just a final thing on it. We're talking about, obviously, the theme of
debt but in terms of education financial education, as has been said, is not
just about what you can do and how to avoid getting into debt. It's thinking
about if I take a personal loan how much am I actually going to be paying back.
The number of people I've spoken to over the last few years who actually can't
believe the amount of interest they're being charged and what that actually
means in terms of I borrowed '10,000 and when I explain to them that they have
to pay '14,000 back they have no idea and can't believe it.
CH I'm very conscious of the time. If I could ask all four of you to be very,
very brief. Would the card mind if I did a sort of TUC approach to this and we
had a composite? Suddenly the women are moving in. We were talking earlier, it
was quite interesting, and Melanie was saying, oddly enough, it's the women who
manage money infinitely better than men. They spend more of it but they manage
it better.
MG My exact words were that they're more aware of the household budgeting.
IG My name is Ibrahim Ginesh and I study at Tower Hamlets College, BTech
majoring in business, and my question was, basically, at the moment total UK
debt has exceeded '1.2 trillion. Although it's not visible in the sense that
people aren't starving, but it's certainly concerning for young people like
myself getting ready to go to university. Getting to the point, graduates
leaving university last year had average debts of '13,000 which brings me to the
question is it really worth going to university or should you just go out there
and work and not go to university.
[Applause]
CH Take that one on board because there's being personally responsible by taking
on debt for education, which as Melanie said is always good.
UF You said that insolvency has increased by 63%. Could you please tell me what
percentage of this 63 are because of the lawyers and default judgement because
I'm not insolvent and I've been made bankrupt by my solicitors when I had more
than the debt in cash in my account. I went with a banker's draft to the
solicitor's office. They refused it. Courts [?] did not help me to hold that
cash or that cheque into account and resolve the problems.
CH In a sense you think the lawyers could have worked in a different way to help
facilitate what you needed to do to transfer the money to pay the debts?
UF Or the court could have helped me or the insolvency office.
CH You felt abandoned by the system at whatever point you touched it?
UF That's right.
UF The Financial Services Authority is supposed to be regulating both the lender
and borrowers to an effect, yet when I telephoned them and asked them what they
do about solicitors that buy huge debts and then make people bankrupt without
their knowledge they said, sorry, we don't regulate assignment of debts. Is the
card aware of that?
UF I just wanted to ask about IVA fees because not many people are aware that
for the first while they're paying back the insolvency practitioner, they're not
actually paying off their debt. I wondered what the card thinks about changing
that system so that IVA fees are regulated or they get paid at the end of the
IVA is successful.
UF At present in the House of Lords the Enforcement Bill is being debated and,
obviously, that's going to come down to the House of Commons for debate. Now,
this is a very important bill which is dealing with possessions of properties
and how the people, when they're being dispossessed of the property are treated
by the enforcement agents. I would like the card to spend some time on perhaps
deliberating after this debate what can be done to make sure that there is a
proper effective remedy against enforcement officers and agencies who abuse
their power.
CH Thank you very much indeed. There's a specific IVA question in terms of
charges and all the rest of it but two or three of the questions seem to be
saying the same thing, that somehow or other the professions, the professionals,
even the legal system, seem to have great fun with all of this. I'm putting a
deliberately cynical use of the word fun. They're all making lots of money and
an individual who's in a terrible situation, like a form of financial
bereavement, seems to have no counselling, no help, nothing, is absolutely alone
and is chivvied from pillar to post. Whether any of you would accept that as a
description of what goes on or if you do accept some of it could anything be
done about it? We've got seven minutes left. I'm going to ask you all to, in
effect, have a look at these issues and maybe send the audience home with some
nice things.
VC Just quickly responding to some of the points. The last question was
extremely important. I'm not sure many people are aware of the new bailiff
powers that are coming. I've had a question down from Harriet Harmon during the
week about this but we didn't reach it. One of the implications is that bailiffs
will in future, have the power to physically restrain people as well as forcibly
enter their homes. You can just imagine a single mum with three kids. A gang of
bailiffs turn up with a legal power from the court to seize property because
they've got into council tax arrears. The mum starts screaming. You can sketch
the scenario. This is a real horror story and the government's answer to this is
we will solve this problem because the bailiffs will be properly trained.
Anyway, you should keep your eye on this one. Secondly, the student problem. I
don't want to get into a political debate about how we handle student tuition
fees, and so we can all score points on that, but I just want to make a more
practical point that at the moment the government does not allow student debt to
be pooled with other debt data. There is good practice developing amongst banks
of pooling their debt information. That's one way of stopping irresponsible
lending but the government holds on to student debt data. It won't pool it and
this is one of the factors that's contributing to over lending, if you like.
Although I'm very critical of the banks, this is something they're not
responsible for. A third and final point, which several people made from
personal experience, is that whereas financial practitioners, financial advisors
for example, are now regulated under financial services legislation, if they
missell they can be taken to the financial ombudsman. Solicitors are still,
effectively, a self-regulating profession and there are many horror stories,
which any MP can tell you about the lack of effective regulation under that
system.
MH A couple of things. Just on university, I think one of the issues that we
face is that many young people come out of university not just owing money to
the student loan company but credit card debt as well. I think that sets a trend
almost saying debt is acceptable, we take on this debt and how do we manage that
debt once students graduate from university. I think people need to make a more
economically rational decision about what they do post 18. I think in terms of
the relationship between people who are bankrupt or insolvent and professional
advisors, I've had a case recently where I don't think that the professional
advisor has actually communicated very well at all with my constituent about why
they're reopening a case that is now over ten years old, why they've charged
additional fees for apparently not doing very much work and I think there needs
to be a much better dialogue between the professionals and their clients so
that, actually, people can understand what it is that's happening to them. It's
very much at the moment a process they feel is being done to them and they feel
as if they're being penalised.
MG Perhaps I can just pick up the point that was raised about IVA fees. Do
remember that the IVA fees are actually paid by the creditors out of the monies
being paid over to repay creditors. I think the issue on insolvency
practitioners' fees generally is not so much one of quantum but one of value for
money. The banks at the moment are actually actively looking at this and we, as
a profession, have to make sure that we are actually delivering a value for
money solution that the banking industry is actually happy with and there is
work ongoing on this at the moment.
EP I'd like to pick up on the university tuition fee issue. If the university
tuition fees had been in place in the 1960s and 1970s I wouldn't be here. I'm
from a working class background with a labouring father who would never have
made it. I'm passionately against these fees but let me just give you some
rationale behind it. The view is that if you're a graduate you earn
substantially more than non-graduates. Therefore, over a lifetime, you can
afford to contribute to that education and you can pay back the loan that you
borrow when you're a student. The problem, I think, that's starting to emerge is
that your ability to pay depends on your ability to get a job afterwards and
that depends, I think, on the subject you study and, possibly, on the university
that you attend. That's not something I like but I think that's the way things
are going. I think also, perhaps slightly more reassuring, the part-time
education and part time degrees will become more important as people combine
work and study as they do in America.
JF Just very quickly on two points. First of all debt and education. I would say
that I think that young people nowadays need to be aware that their education
will cost money and people need to now plan for that, understand it and exactly
the same has happened as in many central European countries for the last 15, 20
years. I think that if you're going into further education now you have to
understand that you are going to get into an amount of debt and you need to plan
and work with that. Second, very briefly, in terms of the IVA fees, just to
follow up from what Melanie was saying, very, very important, I think, anyone
who undertakes an IVA must be under no illusion. There are fees charged by the
insolvency practitioner. It is a fact. It is the same as if you have a chartered
accountant doing your accountancy books. You will be charged for that but it is
very important to understand that the amount that the insolvency practitioner
takes is given to them by the bank. Overall, if you're paying back to your banks
'30,000 the banks themselves will then have to hand back to the insolvency
practitioner a percentage of that money. If the insolvency practitioner agreed
to do their job for nothing, you would still have to pay the same amount to the
banks.
CH Ladies and gentlemen, I'm sure you'd like to show your appreciation of our
hardworking panel. Thank you very much indeed for your questions and I'll hand
over to your host.
Presenter: Lovely. Thank you very much indeed. It just remains for me to say if you
would like to move into the Quayside Room there are refreshments waiting for
you. Thank you very much indeed for attending.