CUDA's Response to Consultation on CCD2

Unique Reference Number: 
DFIN-C8-4
Status: 
Submitted
Author: 
CUDA
No. of documents attached: 
0
Author: 
CUDA

Cover Letter

CUDA (the Credit Union Development Association) welcomes the opportunity to make a submission on behalf of its member credit unions to the public consultation by the Department of Finance in respect of EU Member State options in the transposition of CCD2.

As a representative body and development association for many of Irelands largest and most progressive credit unions, CUDAs membership is supportive of enhanced rules to address digitalisation, expanding the scope of CCD1, and further transparency of contract terms and the level of consumer protection. For credit unions, their members and consumer protection are vitally important. That is why the credit unions have topped the 2024 CXi league table for best customer experience in Ireland - breaking every CX league table record around the globe. As set out in the Report, “their approach to members remains unchanged - Members are always put first. It’s that simple”. CUDA continues to strive for appropriate and proportionate regulation for their members.

Observations

3.4 Article 2(8) of CCD2

Yes. Credit agreements for amounts under €200 should be exempt from advertising, pre-contractual information on credit agreements and information to be included in credit agreements. Whilst consumers should have the same level of information and disclosure, it is with consumers in mind that we take this view. Meeting regulatory requirements for credit of low amounts can come at a cost to the credit providers that exceed at return derived from the product - making such loans untenable by consumers or reduce choice of credit providers in the market. A proportionate regulatory approach benefits the consumer. Credit unions offer consumers choice when it comes to low value loans – a trusted, highly regulated credit provider, also offering wider financial services including the ability to save. Credit unions offer loans to members on low value incomes and social welfare payments (including but not exclusively through a collaborative scheme known as “It Makes Sense” loan scheme). Whilst, assessing capacity to repay is not compromised, less onerous regulatory requirements support the provisions of such products. In support of members, some credit unions will provide loans as low as €100. Often such loans are required to repay a more costly credit product, when something unexpected occurs, or/and a loan is required urgently. 

3.5 Article 8(8) of CCD2

No. Ease or speed could be an underlying factor required or sought by a borrower. Consumers should have the right to choose what is important to them when considering a credit product. When it comes to credit, different factors are important to specific consumers. For example, we have seen that not all consumers want the lowest value product. Whilst interest rates can be a consideration, they are not always the only consideration. Ease or speed relating to an online loan application process, for example, can be a deciding factor for a consumer in obtaining credit. Furthermore, with clear and accurate advertising, consumers have a right to shop around for the product that best suits them, therefore we do not see a discount conditional on accepting credit as requiring a prohibition. As with any loan, the capacity and willingness to repay the loan must be the primary factor in the provision of the product.

3.7 Article 14(2) of CCD2

In order to obtain credit from a credit union, the borrower must first be a member. A member is required to have a share account (“at least one fully paid up share in the credit union” Section 17, Credit Union Act 1997). We appreciate this requirement is not specific to the credit agreement. It is a legal requirement prior to entering into a credit union. However, a credit union can require that member shares are attached as a condition of the loan and as set out in the credit agreement. This is a form of security for the credit union. As a result, a borrower cannot withdraw savings in the credit union at a time when that borrower has an outstanding liability (including a contingent liability) to the credit union, without the prior approval of the credit union (Section 32(3), Credit Union Act 1997). Most notably, credit agreements will also stipulate that the credit union has a lien on the shares, deposits, dividends and interest of any member for any debt due to the credit union from that member, and may set off any sum credited to the member on those shares, deposits, dividends and interest in or towards the payment of that debt (as permitted under Section 20(2), Credit Union Act 1997). A derogation under Article 14(2) should not apply to credit unions.

3.8 Article 14(3) of CCD2

On the face of it, we believe the requirement is fair, providing the condition to obtain a policy is reasonable and without such a policy, the proposed loan would be an unacceptable credit risk. Whilst not ordinarily a requirement as part of a contract, products such as gadget insurance on loans for consumer electronics, could become a requirement as the products become more expensive. Going forward, there could come a time due to climate risks that a credit union would want to see flood cover on policies relating to home improvement loans or car loans, or indeed travel insurance for weather related cancellations for a vacation booked with a holiday loan. Such insurance cover that ties in with climate-related and environmental risks might become difficult to argue against.

3.9 Article 16(4) of CCD2

We have no strong view on the prohibition of such terminology. A credit union can offer a range of services. This can include a review of a member’s current financial arrangements and advice on a range of products to meet that members financial needs. The credit union acts as intermediary between the consumer and a product provider. Such services are regulated under Section 48 and Schedule 2, S.I. No. 1 of 2016 (or under Sections 48 – 49, Credit Union Act 1997).  Credit unions do not use the term “independent advice or “independent advisor” to describe their services or advice in relation to credit agreements. That said, once the credit institution stipulates in relation to such services that there is no preferred provider commission and meets the requirements of Provision 4.58A Addendum to the Consumer Protection Code (Central Bank of Ireland, September 2019) could act as a counter-balance. Perhaps the matter should form part of the discussion/revisions to the existing Consumer Protection Code (CP158 and draft Central Bank (Supervision And Enforcement) Act 2013 (Section 48) (Conduct Of Business) Regulations 20[ ]).

3.13 Article 24(5) of CCD2

We appreciate why consumer rights in respect of overdraft facilities and overrunning are captured as part of CCD2, however we believe that Article 24(1)-(4) provides a sufficient level of protection for consumers accessing overdraft facilities. Additional requirements with respect to overdraft facilities are required by credit unions as part of the current additional services application process (under Sections 48-52, Credit Union Act 1997) for services known as a Member Personal Current Account Service (MPCAS). As a result, further stringent consumer protection provisions under Article 24 should not apply to credit unions.

3.17 Article 29(4) of CCD2

Whilst credit union members can repay a loan early without any additional cost, creditors should have a right to compensation for early repayment in circumstances where the borrower is not availing of a new credit facility or top up loan from the creditor. We would propose that the consumer will typically pay the necessary mark up on the interest rate to compensate the creditor for the interest rate loss. The credit agreement should contain a break down as to how compensation is derived.

3.18 Article 31(2) of CCD2

As noted, credit unions are subject to an interest rate cap of 2% per month. Furthermore, in April 2024, the Minister for Finance signed legislation removing the prohibition on charges on loans, which was applicable to credit unions since 1997. Prior to the removal of this requirement in April of this year, the interest on a loan included all the charges made by the credit union in making the loan. As a result, any further prohibitions or limitations regarding specific charges or fees applied by creditors should not be applicable to credit unions.

3.19 Article 32(4) of CCD2

We do not see the merit in a ban on such commission. The Consumer Protection Code sets out onerous requirements with respect to remuneration and transparency, including in the Addendum to the Consumer Protection Code (Central Bank of Ireland, September 2019). Furthermore, CPC 2012, already contains requirements to ensure creditors act in the best interests of consumers, including specific provisions relating to remuneration (Provision 3.32).  

Furthermore, Section 26 of the Credit Union Amendment Act 2023 introduces a new provision whereby a credit union can refer a member to another credit union for the purpose of receiving a service, e.g. a loan. Such arrangement will be conducted via a legal agreement that may contain commission arrangements.  As a result, a ban on commissions introduced under Article 32(4) should not apply to credit unions.

3.20 Article 32(5) of CCD2

We do not see the merit in a prohibition or imposing restrictions of this nature. We believe it is  fair, and in the interest of the consumer, that the service provider is remunerated irrespective of whether the consumer enters into a credit agreement.

3.23 Article 41(9) of CCD2

This certainly merits consideration as the CBI is currently transforming their approach to regulation and supervision to ensure consumers of financial services are protected in all respects in this changing and increasingly complex environment. The prolonged period in which it took to enable the CBI to regulate products such as Personal Contract Plans PCPs) and Buy-Now- Pay-Later (BNPL) products was not in the best interests of all consumers. Regulators should be empowered to move swiftly to remove harmful financial products from the market, thereby protecting consumers from potential financial losses and indeed exploitation. Such consideration would be consistent with the strategy exalted by the CBI to enhance the overall integrity and trust in the Irish financial market. Furthermore, the introduction of the regulatory innovation sandbox will encourage innovation while mitigating concerns of excessive regulatory intervention or unnecessary market interference and reduced competition.

Information

Unique Reference Number: 
DFIN-C8-4
Status: 
Submitted
No. of documents attached: 
0