Viw Magazine

Men's Weekly

.

  • Written by Saurav Dutta, Harjinder Singh & Nigar Sultana
Businesses are structuring their lending practices to exploit loopholes in consumer credit laws Shutterstock

From Shakespeare’s Shylock to Dickens’ Ebenezer Scrooge to HBO’s Tony Soprano, characters who lend out money at exorbitant interest rates are unsavoury.

So what should we think of businesses that deliberately target the poorest and most vulnerable for corporate profits?

There has been significant growth in the unregulated small-loan market, aimed at people likely to be in financial stress. Concern about the problem led to an Australian Senate select committee inquiry into financial products targeted at people at risk of financial hardship.


Read more: What 1,100 Australians told us about the experience of living with debt they can't repay


It found plenty to report on, with businesses structuring their lending practices to exploit loopholes in consumer credit laws and to avoid regulation. Charging fees instead of interest is one example.

Below is a snapshot of four common lending practices identified in the inquiry’s final report. The practices may be legal but they all carry the high potential to make your financial situation worse, and ensnare you in a debt trap from which it is hard to escape.

1. The payday loan

Payday loans are advertised as short-term loans to tide you over until your next payday. They can be up to A$2,000. The payback time is between 16 days and 12 months.

Lenders are not allowed to charge interest but can charge fees, including an establishment fee of up to 20% and a monthly fee of up to 4% of the amount loaned.

If you don’t pay back the money in time, the costs escalate with default fees.

Most payday loans are “small amount credit contracts” (SACC), with three companies – Cash Converters, Money3 and Nimble – dominating the market.


Read more: Four reasons payday lending will still flourish despite Nimble's $1.5m penalty


In 2016, Cash Converters had to refund $10.8 million to customers for failing to make reasonable inquiries into their income and expenses. In 2018, it settled a class action for $16.4 million for having charged customers an effective annual interest rate of more than 400% on one-month loans.

But it is not necessarily the worst offender. The Senate inquiry’s report singles out one company, Cigno Loans (previously Teleloans), for allegedly appearing “to have structured its operations specifically to avoid regulation”, so it can charge fees that exceed the legal caps.

If you are on a low income and need money for essential goods or services, a better option is the federal No Interest Loans Scheme (NILS), which provides loans of up to $1,500 for 12 to 18 months with no interest charges or fees.

2. The consumer lease

A consumer lease is a contract that lets you rent an item for a period of time, usually between one and four years. You make regular rental payments until the term of the lease finishes.

This can be appealing because the regular payments are very low. But the length of the lease and terms of the contract end up making renting an item a very expensive option.

The Senate inquiry report notes that while consumer leases are subject to responsible lending obligations, unlike small amount credit contracts there is no cap on the maximum cost of a lease, and you will invariably pay more than the cost of buying and owning an item outright.

The report refers to a 2015 study by the Australian Securities and Investments Commission. The study involved Centrelink recipients leasing goods. Half paid more than five times the retail price of the goods. In one case leasing a clothes dryer for two years effectively cost 884% in interest.


Read more: Loan shark regulators need a lesson in behavioural economics


Consumer lease companies disproportionately profit from those on low incomes. The Senate inquiry heard about the the number of leases being paid through Centrepay, the direct debit service for Centrelink recipients.

Thorn Group, owner of Radio Rentals, told the inquiry 52% of its consumer-leasing customers paid via Centrepay. About A$600 million was paid through Centrepay for consumer leases in 2108.

ASIC’s rent vs buy calculator can help you work out the cost of consumer lease and whether a better option is available.

3. The blackmail security

Lenders sometimes earmark a borrower’s asset as a guarantee for the loan. If the debtor defaults, the lender takes the asset in compensation. Normally, the asset should be of higher value than the loan amount, to cover the debt if the the debtor ever defaults.

However, a lender might choose an asset with a lower value, because it is critical to the borrower’s livelihood. A car or work tools are two examples. The intention is to ensure the borrower prioritises repaying the loan over other expenses. Should you be unable to pay back the loan for some reason, losing an asset critical to earning an income will push you into greater financial hardship.

Because the practice is regarded as coercive, so-called blackmail securities are prohibited on loans lower than $2,000. The Senate inquiry report notes concern that some lenders appear to circumvent this restriction by lending more than $2,000.

So don’t assume generosity or oversight is the reason a lender offers you a bigger loan or to take as security an asset worth less. Think very carefully about the consequences if you can’t repay the loan.

4. The credit ‘manager’

If you’ve gotten into debt and ended up with a bad credit rating, credit repair services offer help with fixing your credit history or managing your debts.

These services may be legitimate businesses or non-profit community services. But there has been an alarming growth in unregulated debt negotiation and debt management services, charging exorbitant and hidden fees for minimal services. The fees and contract structures may be deliberately complex to obscure the costs.


Read more: Debt agreements and how to avoid unnecessary debt traps


According to the Senate inquiry report: “On the evidence provided to the committee in submissions and public hearings, these services rarely improve a consumer’s financial position. The charges for the debt management services increase their debt, and often consumers are referred to inappropriate remedies which may be expensive and cause lasting damage. The committee heard many case studies to this effect.”

ASIC recommends seeking help from free services first. You can find one through its MoneySmart website here.

Social obligation

Most people would agree we want a society that protects the most vulnerable. That includes having laws and regulations to protect the financially vulnerable.


Read more: There are serious problems with the concept of 'financial literacy'


The growth of financial services that target those most at risk of financial hardship suggests government and industry should take seriously the Senate inquiry’s recommendations.

The authors do not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.

Authors:

Saurav Dutta, Head of School at the School of Accounting, Curtin University

Harjinder Singh
Senior lecturer, Curtin University
 
Nigar Sultana
Senior Lecturer, Faculty of Business and Law, Curtin University

Read more http://theconversation.com/four-common-debt-traps-payday-loans-consumer-leases-blackmail-securities-and-credit-management-113564

Building Bespoke Spaces: Why a Custom-Driven Approach Truly Matters

When it comes to creating a home that’s a perfect fit for your lifestyle, a Fiteni Homes-style approach offers unmatched flexibility and...

Refining Facial Contours with Modern Surgical Techniques on the Gold Coast

When we think of rejuvenation and restoring youthful contours, a targeted solution such as a face lift can be transformational. For those ...

Term Deposits Australia: A Complete Guide to Fixed-Rate Savings

For Australians seeking a safe, predictable way to grow their savings, term deposits australia options provide an attractive solution. Off...

Emergency Gate Repairs in Melbourne: Keeping Your Property Secure and Functional

A malfunctioning gate can be more than an inconvenience — it can compromise your property’s security, accessibility, and safety. Acros...

Chatswood Tutoring: Empowering Students to Achieve Academic Excellence

Education is more competitive today than ever before, and students face constant pressure to perform well across multiple subjects and exa...

Top Tips When Searching for Caravans for Sale in Perth

Western Australia is built for road trips. With its sweeping coastline, desert tracks and endless sunshine, there’s no better way to exp...

From Gaps to Glamour: Exploring Dental Bridge and Cosmetic Dentist Brisbane Options

A healthy, complete smile has the power to boost confidence, improve speech, and enhance overall oral function. However, the unexpected lo...

Achieving Your Healthiest, Straightest Smile in Blackburn

Your life can be genuinely transformed by a confident, healthy smile that enhances your overall well-being and self-esteem. Blackburn dent...

Hobart Smile Secrets: Achieving Perfection with All-on-4 and Porcelain Veneers

Hobart smiles, rebuilt and refined Hobart’s waterfront, sandstone facades, and the sweep of kunanyi, Mount Wellington, set a high bar f...

How an EV Charger Installation Cost Calculator Helps Australians Budget Accurately

As electric vehicles become more common across Australia, many new EV owners face the same question: how much will it cost to install a home...

How Do I Choose the Right Pool Size and Design for My Backyard?

Choosing the right pool size and design is one of the most exciting steps in creating your dream outdoor space. Whether you’re planning a ...

Maximising Space with Innovative Storage Solutions for Urban Cyclists

Urban cyclists often face the challenge of limited storage space in their homes. Efficient storage solutions are crucial for maintaining a c...

How to Choose the Best Coffee Beans for Your Home

Coffee is more than just a morning ritual, it’s comfort, energy, and joy in a cup. Whether you enjoy a bold espresso or a smooth latte, th...

Running with Wide Feet? A Guide to 4E Running Shoes and Injury Prevention

Running stands out as a beloved fitness pursuit in Australia. From the scenic coastal routes of Sydney to the lush parklands of Adelaide and...

Intellectual Property Mistakes Businesses Make

Protecting intellectual property (IP) is essential for any business, yet many companies overlook key steps that safeguard their ideas and ...

Security Fencing: Strength, Style, and Safety for Every Property

When it comes to protecting your property, nothing provides peace of mind quite like high-quality security fencing. Whether you’re safeg...

FRP Storage Tanks: Strong, Reliable, and Built to Last for Modern Industries

💧 Discover why FRP storage tanks are the smart choice for industries! From strength and corrosion resistance to easy maintenance and long...

How to Build a Simple Summer Wardrobe That Works Anywhere

Image source: Dekota SwimI swear — I packed for three days in Byron and ended up wearing the same outfit on repeat. A linen shirt, my Broo...

SMSF Loan Experts: Unlocking Property Investment Through Self-Managed Super Funds

SMSF has become an increasingly popular strategy for Australians looking to grow their retirement savings while maintaining greater contro...

Sliding Screen Door: A Practical Addition to Modern Homes

Modern homes are designed to bring comfort, functionality, and a connection with the outdoors. A sliding screen door perfectly embodies al...

hacklink hack forum hacklink film izle hacklink หวยออนไลน์jojobetสล็อตเว็บตรงgamdom girişpadişahbetMostbetenjoybetjojobetpin updizipalholiganbet girişbetofficecocktail glassesultrabet güncel girişpusulabetcasibompusulabetjojobet girişbetofficetipobetjojobetjojobetjojobetholiganbet色情 film izleholiganbetnakitbahisJojobet 1105matbet güncel girişmatbet güncel girişjojobet girişyakabet1xbet girişjojobetGrandpashabetvbetgobahisenjoybetcryptobetjojobet girişgiftcardmall/mygiftbetofficematbetmatadorbet guncelbets10royalbetkingroyal girişcasibommadridbet girişbetciocasibomcasibomcasibomJojobetmadridbetkingroyalnitrobahisFast Payout Casinoscasibomdeneme bonusumadridbetultrabetcasibom girişcasibomparmabetparmabetyakabetMarsbahisCasibomtaraftarium24sekabetDinamobetgobahisVdcasinobetpuanMarsbahisjokerbetbetoffice girişprimebahismeritkingprimebahiskingroyaljojobetyakabetyakabetyakabetatlasbetwinxbetaresbetSahabet twittercasibomcasibomlunabetbetofficebetkolikcolor pickerbetsmove girişvaycasino girişgalabetgalabetgalabet girişmavibetbetsmoveคลิปโป๊Casibomcasibomvaycasinodeneme bonusu veren siteleronwinonwin girişdiyarbakır escortultrabetAlanya escortgrandbettinggrandbettingtimebetgrandbettingbetofficetimebetultrabetbets10pusulabetcasibomroyal reelsnorabahisstarzbet girişAntalya EscortjojobetJojobettürk ifşa izleinterbahisinterbahisbettiltcasibomjojobetaviator gameartemisbettimebettimebettimebetbahislionSohbet odalarıcasibomcasibompantheraproject.netcasibomcrown155 casinohb88aussuper96 loginpusulabetmeritbetbetasusholiganbetcasibom한국야동pusulabet, pusulabet girişสล็อตpadişahbetcasibomgiftcardmall/mygift주소모음 주소모아Jojobet 1105spin2u loginneoaus96 casino loginjojobetMethstreamsjojobetbettiltmatbetbetparkbets10ff29 casinoStreameastgrandpashabet hacklink hack forum hacklink film izle hacklink หวยออนไลน์jojobetสล็อตเว็บตรงgamdom girişpadişahbetMostbetenjoybetjojobetpin updizipalholiganbet girişbetofficecocktail glassesultrabet güncel girişpusulabetcasibompusulabetjojobet girişbetofficetipobetjojobetjojobetholiganbet色情 film izleholiganbetnakitbahisJojobet 1105matbet güncel girişmatbet güncel girişjojobet girişyakabet1xbet girişjojobetGrandpashabetvbetgobahisenjoybetcryptobetjojobet girişgiftcardmall/mygiftbetofficematbetmatadorbet guncelbets10royalbetkingroyal girişcasibommadridbet girişbetciocasibomcasibomcasibomJojobetmadridbetkingroyalFast Payout Casinoscasibomdeneme bonusumadridbetultrabetcasibom girişcasibomparmabetparmabetyakabetMarsbahisCasibomtaraftarium24sekabetDinamobetgobahisVdcasinobetpuanMarsbahisjokerbetbetoffice girişprimebahismeritkingprimebahiskingroyaljojobetyakabetyakabetyakabetatlasbetwinxbetaresbetSahabet twittercasibomcasibomlunabetbetofficebetkolikcolor pickerbetsmove girişvaycasino girişgalabetgalabetgalabet girişmavibetbetsmoveคลิปโป๊Casibomcasibomvaycasinodeneme bonusu veren siteleronwinonwin girişdiyarbakır escortultrabetAlanya escortgrandbettinggrandbettingtimebetgrandbettingbetofficetimebetultrabetbets10pusulabetroyal reelsnorabahisstarzbet girişAntalya EscortjojobetJojobettürk ifşa izleinterbahisinterbahisbettiltcasibomjojobetaviator gametimebettimebettimebetbahislionSohbet odalarıcasibomcasibompantheraproject.netcasibomcrown155 casinohb88aussuper96 loginpusulabetmeritbetbetasusholiganbetcasibom한국야동สล็อตpadişahbetcasibom주소모음 주소모아Jojobet 1105spin2u loginneoaus96 casino loginjojobetMethstreamsjojobetbettiltmatbetbetparkbets10ff29 casinoStreameastgrandpashabet