What is sustainable and why does this matter?

What is sustainable and why does this matter?

There was no set list of checks a lender needed to complete. But the checks should have been proportionate to the circumstances of each loan – which might include considerations about the amount borrowed and the prospective borrower’s borrowing history. Section 4.12 of the Irresponsible Lending Guidance gave examples of the types and sources of information a lender might want to consider. In 2011 an assessment of creditworthiness also came into force in the CCA.

The Financial Conduct Authority (FCA)

The FCA took over the regulation of consumer credit from the OFT in . The Consumer Credit Sourcebook (CONC), part of the FCA’s handbook refers to various sections of the OFT Irresponsible Lending Guidance.

CONC is clear about the need to complete a “creditworthiness assessment”, considering the potential for the lending commitment to “adversely impact the consumer’s financial situation”. (CONC R 5.2.1 (2)). CONC replaced the sections of the CCA highlighted above.

CONC 5.2.3 [G] outlines that the assessment the lender needs to complete should be dependent on, and proportionate to, a number of factors – including the amount and cost of the credit and the consumer’s borrowing history. CONC 5.2.4 [G] provides guidance on the sources of information a lender may want to consider as part of making a proportionate assessment. And CONC rules specifically note and refer back to sections of the OFT’s Irresponsible Lending Guidance.

Reasonable and proportionate checks

There has never been a “set list” of checks that lenders needed to carry out. But given the relevant law and regulation, regulators’ rules, guidance and standards, codes of practice, and what we consider to be good industry practice at the time we’d typically reach the view that a no credit check payday loans Zanesville OH reasonable and proportionate check would usually need to be more thorough:

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