Brendan Burgess
Founder
- Messages
- 54,774
Dear Sirs
I am really struggling to keep up the repayments on my loans/my mortgage and I am falling behind in my day to day bills. I note that I am paying y% interest on my loan while only receiving x% interest on my share account. It would be a great help to me if you could set my shares against the loan which would significantly reduce the interest charged and my repayments. This will also make it less likely that I will fall into arrears on my loan.
I hereby give consent and request that you set off all my shares and accrued interest in excess of €10 against my loan.
You are permitted to do so under Section 32 (5) of the Credit Union Act, 1997 as detailed below:
32.(5) Where a member of a credit union is indebted to the credit union and consents in writing to the credit union acting under this subsection, the credit union may, by way of set-off against the indebtedness, withdraw any of the member's shares or deposits; and such a withdrawal may be made notwithstanding anything in subsections (2) and (3).
This section is very clear. A Credit Union may set off any (or all) of the member's shares or deposits against the loan outstanding.32.—
(5) Where a member of a credit union is indebted to the credit union and consents in writing to the credit union acting under this subsection, the credit union may, by way of set-off against the indebtedness, withdraw any of the member's shares or deposits; and such a withdrawal may be made notwithstanding anything in subsections (2) and (3).
Most credit unions do allow this. But some are incredibly stuck in their ways.The ILCU have preached against this in the past as it could be seen as manipulating the figures to reduce Res. 49 provision against bad & doubtful debts. In addition, much of CU loan management depends on knowledge of the member and it is felt that reducing the members' savings would lead to reduced ties to the CU, i.e. a member with a loan of €6,000 and shares of €10(min. share holding) would be less likely to repay the loan than if he owed €12,000 and had shares of €6,000. This goes to the traditional cornerstone of CU lending, i.e knowing the member. Such a request has been very rare in our CU. There is a figure called the loan/savings ratio which gets some attention when the Regulator inspects. In the case above the ration goes from 2:1 to 600:1 which is considered very imprudent.
...
It's just that events and real world economics have changed and overtaken the legislation and practices to a large extent. Credit unions are still governed, mainly, by very conservative and sometimes old fashioned people.
Some will argue that the Regulator requires bigger provisions in such casesI would imagine the reason the reason credit unions are very reluctant to allow this is twofold:
1) it gives them a very large source of very stable and free funding (deposits/shares that they don't have to pay interest/dividends on)
2) it gives them significant extra interest income by increasing their true rate of interest far beyond the advertised rate. In the example above (and taking the quoted 10%, 0% rates for loans & dividends resp.) the true interest rate being paid on the loan is €1000/6000 = 16.7%.
No wonder they're reluctant to allow offset but if they did they would probably surely ease cash-flow pressure on their members (at a cost to their solvency though?)
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?