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National Credit Act too late for many!

28 October 2008 | Economy | General | Gareth Stokes

As conditions in the domestic economy worsen, it’s become clear how important the affordability provisions in the National Credit are. The Act requires banks and other lenders to make a proper assessment of an individual’s ability to repay a loan before granting credit. A sensible approach to lending doesn’t guarantee a persons ability to repay the loan – other events can still cause hardship – but lowers the likelihood of future default.

But what about those who purchased homes and motor vehicles before the Act came into force? Many of them are under severe financial pressure right now. Gabriel Davel, chief executive of the National Credit Regulator, says that more than 300 000 people have already sought help to restructure their personal debts, and that more than a million are still waiting in the wings. To determine how serious the problem is we need only look at the repossession statistics from the major asset industries – houses and cars.

Mortgage payments in serious arrears

Although today’s prime lending rate of 15.5% is only a fraction of the 1998 interest rate high (around 25%) affordability is a major concern. According to Rael Levitt, chief executive of Auction Alliance more than 70 000 homeowners have missed two or more bond instalments. A further 25 000 homeowners are more than four instalments in arrears and in danger of losing their primary asset. This is a consequence of the national debt to disposable income reaching 78% earlier this year – and the debt repayment ratio creeping up to an historic high of 12%. Levitt says his group’s latest research confirms a 20% month-on-month increase in forced sales over the third quarter.

The rise of negative equity is also a concern. Negative equity exists when a homeowner owes more on his bond than the asset is worth. If you’d bought a home for R750 000 in June 2007 with a 100% bond then it’s unlikely you’d get R750 000 for the place if you chose to sell it today! If today’s market value is only R720 000 you’re already in a negative equity position.

Most bank indexes that track property prices indicate a real decline in house prices this year, and Levitt estimates as many as 1.1% of local homeowners could already be faced with this predicament. In the US it’s reported that approximately 14.4m homeowners are already facing the problem!

Motor vehicle repossessions on the rise

When Rapport recently wrote about the state of South Africa’s passenger vehicle market they referred to the car trade as being in a “state of emergency.” How do they reach this conclusion? Apart from new passenger sales numbers being down 30% year-on-year repossessions are on the rise.

Reports from the country’s major banks confirm that up to 7 000 vehicles are being repossessed each month. The hardest hit are those earning around R15 000 per month, with around 80% of all repossessed vehicles in the R120 000 to R140 000 price bracket.

The result is massive public auctions with as many as 1 000 vehicles on the ‘floor’ at any given time. With their clientele chasing after bargains on auction floors the second-hand car dealer is taking serious strain. According to Absa, executive manager of vehicle and asset financing, Marcel de Klerk more than 130 motor vehicle traders had closed their doors by September this year.

Time for some more amendments

Unfortunately the National Credit Act is not infallible. There are some provisions in the Act which allow borrowers to make ill-disciplined decisions, even today. In particular provisions around motor vehicle finance cause concern. Prior to the Act borrowers had to find a deposit to finance their car. Today they can purchase without a cent down. And in the past the maximum term for vehicle finance was 60-months. Today you can purchase a vehicle on a hire-purchase agreement with 72-months to pay. Purchasers are once again sacrificing sensible financing options in favour of the most expensive vehicle they can ‘afford’.

Analysts have warned that these long repayments periods will result in tears further down the line. The reason is many of the vehicles purchased with nothing down and 72-months to pay carry large balloon or residual payments. Take this example from an advertisement in the Sunday Times this weekend: BMW 3 Series at just R3 499 per month. To purchase the vehicle you need a deposit of R27 000 – to make monthly repayments for a period of six years – and find a final payment of R108 000.

This is certainly not the worst example we’ve seen… But the concern is that after six years your vehicle will probably have around 150 000km on the clock and simply wont fetch enough to cover the balloon payment. After 72 instalments you will still owe a final payment which exceeds the remaining value in the asset!

Editor’s thoughts:
When people get into financial difficulty they often blame the bank, the government or Reserve Bank governor Tito Mboweni. The truth is that with a bit of financial discipline most of these situations could be avoided. Why do so many South Africans buy beyond their means? Add your comments below, or send them to [email protected]

Comments

Added by Refilwe, 26 Feb 2009
i need you to know i bought a car in 2005,i agreed with the buyer that i dont want a residual on the contract.i received a copy of the contract which i think it was not given to me by the bank or dealer.As i went throught my statement i noticed that there was a problem with the statement there will be money outstanding on this account by the time i finished paying it.the contract also has that amount which i was not aware of when signing this contract.there will be a huge amount payable on my last instalment. I have checked all my statement from day one no where in these statement is stated the residual or the balloon payment the statement says 00 on both places Dont you think there were supposed to state on the statement that balloon or residual. PLEASE ADVISE
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Added by NA, 30 Oct 2008
These Banks are really full of greed and very very stupid..!!! Why not consolidate with the client to pay what he can afford and the bank still received some kind of income ,the client does not lose (a bit) nor the Bank and still have a vechile, also extend the contract with different conditions when things turn in faviour... To auction these vechiles are also cost involved and the market for second hand care sales are quite and today you can buy a new car with much better payment options of rather buying a second or repocessed car.
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Added by A, 29 Oct 2008
Except for debt consolidation are there any other means to help a person get out of debt. I have a friend that is 28 years old. His debt amounts to 90K he doesn’t own a house nor a car. His married in COP. He has been to the different banks for assistance but they couldn’t assist him because he didn’t have the above mentioned
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Added by D, 29 Oct 2008
I love how people blame Tito or Trevor or the banks for stuff like this. Tito never held a gun to your head and demanded that you buy the more expensive, nicer vehicle.
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Added by AAD, 28 Oct 2008
My husband was given out all these pre-approved offers from the banks for credit cards and loans and he doesn't even own property - now he's in financial crisis and owes R120000 in respect of all his debt and re-structuring the debt under debt review is gonna take forever. Some of the creditors will only be pd in full by 2018 some by 2025, etc. This is so riddiculous - he took advantage as he had all this credit made so easily available to him, so when he needed it - he used it. The banks were clever too, they kept phoning and kpt increasing the limit. i, in the end have the headache coz we are married in COP, funny they never got my consent when giving him all the credit, now becoz he is under debt review - I am as well. Wish they penalised the banks too for their wrongdoing.
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Added by LEE, 28 Oct 2008
When I bought my house 3 years ago I was paying half of what I am paying today. The installment doubled by 50% and yet my salary only went up +- 20%. Besides the mortgage repayments increasing the cost of petrol increased 6 times since I bought my house. A car is no longer a luxury, but a necessity, but you cannot buy a decent car for less than 100K in todays day and age. I have no debt as I have managed to clear all my debt in order to afford the mortgage repayment, and pay my car, and yet I cannot breath monthly. The situation has gotton to a point that I probably have to sell my car in order to afford to live (eat etc). I cannot see how this situation cannot be blamed on the banks and the reserve banks...it just doesn't make sense.
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Added by Michelle, 28 Oct 2008
A large number of my colleagues and close friends are in debt up to their eyeballs. Two and a half years ago, I made a decision to pay off all my debt and by last year February 2008, I was in the clear. I was also "hounded" by the banks offering me credit cards which I took as a result of being maxed out on the only credit card that I owned. So the debt cycle literally became a vicious circle for me. Unfortunately, I have only myself to blame for this as I was living outside of my means which I believe to be a general trend in South Africa. I really do get fed up of people always blaming the banks. Like any company seeking to make a profit they are going to push their products onto you and it is up to the individual to refuse their "kind" offer. South African's need to realise that we live in a third world country and whilst our European counterparts can afford the luxuries in life, we need to temper our lifestyles. South African's need to lower their living standards and live within their means - owning a BMW/Mercedes/Jeep is not the be all and end all of life!!
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Added by Manny, 28 Oct 2008
Unfortunately in life all actions have consequences. One needs to question the cost of credit before taking it up not afterwards. If the cost of credit is fully understood one can quickly realise that only appreciating assets should be financed. Its only in tough times that people realise the difference between needs and wants. The only thing one can truly hope for is that we are able to learn from our mistakes.
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