Credit unions
A credit union is one way of extending low-cost financial services to local communities. Credit unions are financial co-operatives owned and controlled by their members. Each credit union has a ‘common bond’ which determines who can become a member – eg, people living or working in a particular area. They offer savings facilities and affordable loans sourced from their members’ savings. By law, a credit union cannot charge interest of more than 3 per cent a month (42.6 per cent APR), although the average is 1 per cent a month (12.7 per cent APR). Many now provide current accounts, bill-paying services through budgeting accounts, a facility to allow payment of benefits directly into a credit union account, and savings accounts.
Credit unions, together with advice agencies, offer a range of potentially complementary services that can assist in tackling financial exclusion and overindebtedness. For example, a credit union can help clients gain access to financial services and manage their finances effectively, help and encourage them to save and budget, and may even be able to provide a loan to pay off debts. However, a loan – even at a much lower rate – is not always in a client’s best interests and more effective assistance can be provided by debt advice.
Some credit unions have an arrangement for housing costs to be paid directly into a rent account with the credit union, which in turn forwards the money to the landlord. This ensures the client’s rent is paid and avoids arrears.
There are issues to consider when referring clients to a particular credit union. To preserve independence, you should make it clear that you are not an agent of the credit union and must not give clients unrealistic expectations of the assistance they can expect from it. Also, make it clear that a referral does not guarantee immediate access to financial services, such as a loan. Credit unions are not charities and should only lend to people who have the capacity to repay. Provided the referral is in the client’s best interests, the fact that they may be borrowing to pay off other debts should not be ruled out in all circumstances. Bear in mind that affordable credit is not the only financial service offered by a credit union, and that access to current and savings accounts also promotes financial inclusion.
It is important to remember that credit union loans are generally not regulated by the Consumer Credit Act 1974. A credit union loan is not regulated if the APR is at or below the statutory limit, currently 42.6 per cent. The provisions of CONC, therefore, do not apply to them. However, the FCA’s Principles of Business1Available at (PRIN) do apply, in particular the ‘consumer duty’ (see above), and so a complaint could be made to the Financial Ombudsman Service based on this – eg, unaffordable lending.2See M Agboh-Davison, ‘Credit union child benefit loans’, Quarterly Account 62, IMA If the client defaults on a loan, the credit union becomes one of the client’s non-priority creditors. Most credit unions negotiate debt repayment terms if a client has fallen into financial difficulties, but some tend to refuse low loan repayments (such as token offers) and may decide to impose membership restrictions on other products and services. If not treated as a priority, the client is likely to lose the benefits of membership.
In certain circumstances, a credit union can apply to the DWP to have loans repaid to it through deductions from certain benefits.3Sch 9 para 7C SS(C&P) Regs To do this, the credit union must agree that no interest or other charges will be added to the debt following the application. In addition, the client must: •have failed to make payments as agreed for a period of 13 weeks and not have resumed making those payments;
•have given written permission for the credit union to provide their personal data to the DWP;
•not already be having deductions made to pay another eligible lender – ie, another credit union or certain other third-sector lenders;
•not already be having deductions made to repay an overpayment of benefit or a social fund loan.
Government guidance states that lenders must apply to the DWP to join the scheme and prove they meet responsible lending criteria and practice.4Available at They must also have taken other reasonable steps to collect the repayments, including having written to the client on three occasions, with the final letter notifying them that deductions from benefit will be sought.