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Sunday, April 22, 2007

 

Wrong billings, inaccurate balances, excessive penalties, usurious interest rates, collection harassment, high annual membership fees, loss of privacy

Will your complaints ever be settled?

By Maricel Burgonio Business, Reporter

The most number of credit-card holders’ complaints are about wrong billings, inaccurate balances, collection harassment, usurious interest rates, excessive charges and penalties, high annual membership fees and difficulties in debt restructuring.

There are complaints, such as the cardholders’ loss of privacy, when the credit-card company sells their customers’ data to third parties who use the data to call the cardholders’ and sell them insurance schemes, appliances and other products.

In The Manila Times’ interview with credit-card company executives and the Bangko Sentral, which is tasked with supervising the credit-card companies and the banks, the problems were attributed mostly to the consumers’ or credit-cardholders’ improper and unwise use of their cards.

It was claimed to The Times that issues of interest charged and problems of restructuring debts happen only to credit-card holders who overspend, and as a result of overspending, are not able to pay on their monthly dues on time.

It was also claimed to The Times that some of the problems come from the customers’ “illiteracy”—their failure to read the fine-print provisions of the credit-card application and contract they signed in order to get the credit card and their failure to read their monthly statements.

The card company executives told us that there are basically two types of cardholder.

The first type is the “revolver”: this is the one who pays only the minimum balance or even the greater portion of the balance but does not pay the whole balance due in full.

The second type is the “transactor.” This is the cardholder who pays in full or before the balance due date.

Transactors rarely encounter problems.

Revolvers often do.

Most cardholders in the Philippines are revolvers.

They are the ones who complain about being charge high interest rates.

Compounded by their “illiteracy” the revolver kind of cardholder does not realize that as long as his debt has not been paid in full he has to be charged for the entire amount of the original debt—for example the purchase price of an appliance or the price of the dinner.

In this way, since the debt is assessed for interest monthly, the payment a cardholder ends up paying for an original P1,000 debt could be much more than 200 percent if it takes him several months to liquidate that debt.

The Bangko Sentral created its Consumars Affairs Unit in October 2006.

Since that time, credit-card complaints, inquiries and requests (CIRs) have ranked second in the number of complaints received from consumers.

The No. 1 rank is held by CIRs about bank deposits.

Despite the high number of complaints against credit-card companies, however, no credit-card company or financial institution (bank or finance company) involved in the credit-card industry has been charged with any crime or wrongdoing.

Of the reported CIRs, no financial institutions were charged with excessive charges as credit-card rates and charges are normally market-driven and are determined by the industry itself.

Elvira E. Ditching-Lorico, head of the Consumer Affairs Unit of BSP, told The Times that complaints of “excessive credit-card charges consists of the fees and penalties on credit-card holders that are overspending, paying only minimum balance monthly or not paying dues on time.” There are no complaints of this kind from cardholders who pay in full and have no balances, which are subject to further interest charges.

As a result, more and more credit-card holders are consulting the BSP on how to restructure their debts. The restructuring can be done by doing balance transfer to another bank and balance conversion within the bank. But this may cause other complications if in the end the consumer really does not have the means to meet his payment schedules.

So, Lorito advices: “Spend within your means. Don’t overspend or you will suffer.”

How about complaints about wrong balances?

This happens rarely. And the problem is quickly resolved with credit-card companies and the banks.

How about surcharges?

These are absolutely not allowed. Surcharges are charges placed on top of the original retail price of the goods or services purchased by the card-holder. This is illegal and prohibited, she said.

If there is surcharging, it is done by the merchants or retail outlets.

One-half of all the CIRs about credit cards, Lorito said, were resolved in February 2007.

“We, in the BSP, have resolved cases of erroneous billings/unauthorized use of credit card, excessive charges and penalties and collection harassment. However, we cannot divulge complainants names since these are confidential,” Lorico said.

No limit on fees on charges

On complaints about high fees and charges, it seems that the BSP has no power over the banks and credit-card companies.

The laws do not allow the Bangko Sentral to curtail banks’ charges.

“BSP does not limit the amount of fees or charges that banks may collect from their clients. We do require, however, that banks properly disclose these charges to the public so help them an informed choice or decision in transacting with banks and their credit-card issuers,” she said.

No financial institutions can ever be charged with the crime of levying excessive charges and interest rates, since the rate of interest, including commissions, premiums, fees or other charges, on any loan or any forbearance of any money, goods or credits regardless of maturity and whether secured or unsecured is not subject to any regulatory ceiling.

The 23 credit-card banks’ authorized and regular charges

There are now 23 supervised credit card issuing and/or acquiring banks, both foreign and local.

Their interest rates vary since the cost of doing business varies from bank to bank.

The costs/charges to a cardholder are as follows:

Annual membership fee, finance charge/interest, late payment fee, overlimit fee, cash advance fee, lost card replacement fee, returned check penalty fee, other applicable fees like litigation fees, etc.

All these fees are in the credit-card issuance and acceptance contract between the bank-card issuer and the credit-card holder.

Reports submitted by banks to the BSP are on consolidated basis, hence the average profit for the credit-card business segment of a bank cannot be determined.

Five parties

A typical credit-card transaction generally involves five parties, namely the cardholder, card issuing bank, merchant-retailer, card acquiring bank or merchant bank, network-based system.

A typical credit-card purchase is described as follows:

The cardholder selects an item, agrees to pay the retail price to the merchant and represents credit-card payment.

The merchant submits the purchase details, including the card details to the acquiring bank for approval;

The acquiring bank sends the purchase details to the issuing bank.

The merchant receives a payment guarantee and the cardholder receives the item.

The issuing bank remits to the acquiring bank the retail price less the merchant service charge or merchant discount.

The acquiring bank remits to the merchant the retail price less the merchant service charge or merchant discount.

The cardholder is billed for the retail price by the issuing bank.

The interchange fee is a fee paid by the acquiring bank to the issuing bank each time a global network is used. It may be a bilateral fee, which has been negotiated directly between the issuer and the acquirer, or it may be the default multilateral rate, which is normally set by the global network.

Merchants’ fee/service charge/discount is negotiated directly between the acquiring bank and the merchant.

It is calculated as a percentage of the value of the goods purchased or services availed of by the cardholder.

Meanwhile, profit for a credit-card company consists of earnings through finance/interest and other charges it imposed on the credit-card holder less marketing and other operating expenses relative to credit-card business.

A credit-card company’s profit is also affected by provisioning for probable losses on cardholders default.

Industry determined rates and charges

Credit-card rates and charges are determined by the industry itself. There are several contributory factors leading to high finance charges.

Aside from the normal operating and advertising/marketing expenses related to doing a credit-card business, card issuers also have to recover losses from default borrowers.

There are two ways banks use to compute for finance charges: average daily balance and ending balance.

In average daily balance, card companies total your balance each day in a billing period, add them up, then divide them by the number of days to arrive at the average amount. The interest rate is then applied to this amount.

In ending balance, the interest rate is applied on the amount of your balance at the end of the billing period. This will include purchases and payments made during the billing period.

BSP survey

Banks reduced interest rates on credit-card transaction owing to stiff competition and low-interest rate environment.

The BSP’s recent survey showed that in the aftermath of different product promotions, banks have lowered interest rates to a range of 2.25 percent to 3 percent a month from 3.5 percent.

It is the BSP that pushed to lower interest rates.

BSP Deputy Governor Nestor Espenilla Jr. said that “promotions such as balance transfer [have reduced] interest payments” such that they have encouraged competition in the industry.

“We’re beginning to see reduction in overall rates in a range of 2.25 percent to 3 percent. Before, most were in 3 percent,” Espenilla said.

In light of low-interest rate environment, the BSP has been urging banks to lower credit-card interest rates instead of putting a cap through legislation.

BSP has a residual power to implement a cap in imposing credit-card interest rates.

Banks impose high-interest rates because of the risks involved as credit-card consumers are not required to put in collateral to buy on credit.

Banks’ credit-card receivables

Banks’ credit-card receivables (CCRs) come from purchase of goods and services, cash advances, annual membership and renewal fees and interests, penalties, insurance fees, processing and service fees and other charges.

Universal/commercial banks (U/KBs) still had the biggest exposures at 75.2-percent share of total CCRs. Credit card and TB subsidiaries of U/KBs followed with a 19.7-percent share of total CCRs and the non-U/KB affiliated TBs held the balance of 5.1 percent.

BSP’s latest report showed that CCRs of U/KBs and thrift banks (TBs), inclusive of credit-card subsidiaries, settled at P99.6 billion as of end-December 2006. The sum is 15.2 percent higher than last quarter’s P86.5 billion, and represents a 20.3-percent expansion from last year’s P82.8 billion.

These receivables were generally current in status, except for some P16.3 billion, or 16.4 percent, which were past due.

Credit bureau

As the credit bureau will be centralized when the proper law is passed, it will expand its scope in monitoring borrowers profile and seen to lower credit-card rates because the banks will be more careful in picking clients.

However, the proposed establishment of the credit bureau appears to suffer further delay as Congress failed to ratify the bill in a special session last February.

In the ownership structure of the credit bureau, the bicameral committee took out the participation of multilateral institutions, allowed only 10-percent share for each industry association and diluted the shares of the BSP to 40 percent.

The next Congress will resume in June this year.

A credit bureau provides information on the historical credit performance of a prospective borrower as well as information on the borrower’s total level of debt.

This helps financial institutions to conduct credit investigation in a timely manner and at less cost, thereby mitigating the inherent risks that are often brought about by the asymmetry of information between borrowers and lenders.

   
 

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