The Economist April 9th 2022 Britain 21
Costofliving
The borrowers
“I
t waseitherusebuynowpaylater
(bnpl) or starve, so I used it.” Audrey, a
pensioner who had been unable to pay for
a £40 ($53) food shop, admitted this to Citi
zens Advice, a charity. “I sort of knew I
would struggle to make the repayments
but I did not have any other way of getting
food.” She decided to spend the money on
canned food rather than fresh produce so it
would last longer.
Audrey is far from alone. Fintech start
ups have spent recent years reviving point
ofsale lending, now dubbed bnpl. Busi
ness is booming. Klarna, the largest pro
vider by market share, started offering
bnplto British consumers in 2016 and now
counts nearly a third of the adult popula
tion as customers. Citizens Advice esti
mates that one in 12 Britons used bnpl
loans in the second half of 2021 to buy es
sential goods such as food and toiletries.
The evidence that bnpl itself causes fi
nancial distress is limited. But it can en
courage people to spend more than they
otherwise might. And, notes Peter Tutton
of StepChange, a debt charity, it is fre
quently used by those who are already
struggling. In the year to October 2021, one
in three bnpl borrowers had either made a
late payment or missed one altogether; of
those, 56% had been refused a credit card.
That was before the cost of living start
ed to rise in earnest. The energy price cap,
which limits suppliers’ default tariffs, rose
by 12% last October. On April 1st it jumped
by a whopping 54%. It could spike again by
a similar amount in the autumn. Food
price inflation is also rising. In the last six
months of 2021 food prices were 1.5% high
er than for the same period the previous
year. Over the next two months, they rose
by a further 3.7%. On April 6th a rise in na
tional insurance, a payroll tax, took effect.
It is all going to add up, predicts the Of
fice for Budget Responsibility, to the big
gest drop in real household disposable in
comes in any tax year since records began
in 1956. Running down savings, scrimping
more and wearing extra jumpers can all
help. But taking out credit is another way
to cover the bills. Sure enough, net credit
card borrowing in February was £1.5bn—
higher in real terms than in any month
since March 2004 (see chart).
Straitened times have a habit of encour
aging unsustainable borrowing. The years
that followed the financial crisis of 2007
09 saw a boom in payday lending, with
firms selling highcost loans to people who
couldn’t pay them back. In 2014 the Finan
cial Conduct Authority (fca) took over reg
ulation of consumer credit. Four years lat
er Wonga, then Britain’s biggest payday
lender, collapsed into administration
amid plummeting sales and a surge in
compensation claims for misselling.
For Stella Creasy, a Labour mp, the paral
lels with today’s bnpl lenders are uncom
fortable. “They’re doing exactly the same
thing payday lenders did: it’s getting peo
ple into the habit of using debt,” she says.
And regulation is proceeding “at a snail’s
pace”, despite an fca review identifying an
urgent need for it in 2021. (A legal loophole
designed to make invoicing easier means
that bnplloans are unregulated as long as
they are timelimited and interestfree.)
Results from a Treasury consultation are
expected “in the spring”, after which the
fca is likely to solicit yet more input. That
leaves a lot of time for more growth before
regulation kicks in.
Others worry about the fca itself.
“There is a history of the fca not acting as
quickly or as robustly as it should to pro
tect consumers,” says Damon Gibbons of
the Centre for Responsible Credit, a think
tank. The Wonga collapse is one example:
an initial redress scheme set up by the fca
in 2014 was limited to just 45,000 custom
ers. The firm ended up owing some
390,000 borrowers £460m, only a small
fraction of which it could pay.
Nor is this the only case of the fca fall
ing short in recent years. In 2019 London
Capital & Finance (lcf), a minibond issu
er, collapsed, wiping out £237m of inves
tors’ savings. A subsequent independent
review cited the fca’s “failure to regulate
lcfappropriately”, or to “adequately su
pervise” its compliance. The regulator has
since restructured its supervision arm and
appointed a new executive director, Shel
don Mills, to take charge of consumer pro
tection. “We need to be more proactive, we
need to be faster, and we needtoimprove
our systems,” says Mr Mills. Givenwhat is
coming, there is no time to lose. n
Rising use of consumer credit is
making robust regulation more urgent
Buy now, pray later
Britain, net credit-card lending , £bn
February 2022 prices
Sources: Bank of England; ONS
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1993 1510052000 22
Theattorney-general
A Johnsonian
lawyer
F
rancis bacondeclared it “the painful
lest task in the realm”. Patrick Hastings
qc, who would serve three centuries later,
called it “my idea of hell”. The post of attor
neygeneral for England and Wales is one
of the oldest in British government, and a
difficult hybrid. The holder is a political
animal, who attends cabinet and uses the
law to get their colleagues’ business done.
But they also have apolitical duties, such as
authorising prosecutions for contempt of
court. Above all, as the government’s chief
legal adviser, they must act as an internal
check on the government, and be ready to
say “no” to the prime minister.
Critics of Suella Braverman, the incum
bent, think she is failing in this balancing
act, and allowing her political instincts to
cloud her legal judgment. But accompany
ing claims that Ms Braverman is out of her
depth are far too dismissive. She is a lead
ing exponent of a constitutional doctrine
which has become a hallmark of Boris
Johnson’s government.
Ms Braverman, who was appointed in
2020, shrugs off criticism that she has poli
ticised her role. She isn’t an unelected
technocrat, she notes, and her predeces
sors in the Labour governments of the
1960s and 1970s were open about the job’s
partisan nature. But she does have tabloid
instincts: not for her the submarinelike
silence that some attorneys general adopt.
She has appeared in person to ask the
appeal court to lengthen the “unduly le
Suella Braverman thinks the judiciary
needs reining in
Suella ella ella