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What Is The Malaysia Consumer Credit Act & Why Does It Matter To You?
Alex Cheong Pui Yin
4th October 2022 - 12 min read
As consumers, you would definitely be familiar with credit cards, personal loans, hire purchase agreements (better known as v ehicle loans), and mortgages
(better known as home loans). These are also referred to as consumer credit.
However, the consumer credit market spans beyond just loans that you can apply from banks, and with the rise of fintech, new forms of credit lines have
emerged. Take for instance, the latest credit offering that has been gaining traction among consumers: buy -now-pay-later (BNPL) services, which became
popular during Covid-19 due to its easy approval process and flexibility, at a time when people needed urgent help with cash flow.
Given the growing diversity in the consumer credit landscape, Malaysia’s existing financial regulatory framework needed to be urgently updated so that it is
comprehensive enough to provide satisfactory protection to consumers. This is especially true for those who are vulnerable an d less financially savvy.
This is why the Consumer Credit Act (CCA) is extremely important to all Malaysians. First proposed by Bank Negara (BNM) back in 2017, the Act seeks to
protect consumers in their dealings with creditors and to promote healthy spending, and BNM is resuming its push for its enac tment, with the most recent
activity being the publication of its consultation paper (Part 1). In this article, we’ll dive into key details about the CCA, and share examples to demonstrate
why this Act is important – far beyond regulating BNPL players.
Legislations/Acts Ministry/Agency
– Hire Purchase Act 1967 Ministry of Trade and Consumer Affairs (KPDNHEP)
– Consumer Protection Act 1999 (including the Consumer Protection
(Credit Sale) Regulations 2017)
– Moneylenders Act 1951 Ministry of Housing and Local Government (KPKT)
– Pawnbrokers Act 1972
Cooperative Societies Act 1993 Administered by Malaysia Co-operative Societies Commission (SKM), under the Ministry of
Entrepreneur and Cooperatives Development (KUSKOP)
– Financial Services Act 2013 Administered by Bank Negara Malaysia (BNM), under the Ministry of Finance (MOF)
– Islamic Financial Services Act 2013
– Development Financial Institutions Act 2002
Capital Markets and Services Act 2007 Administered by Securities Commission Malaysia (SC), under the Ministry of Finance (MOF)
As you can expect, each legislation and ministry will have different standards and procedures, which ultimately leads to “une ven standards of protection” for
consumers when they obtain credit assistance from different providers of consumer credit.
Even more concerning is the fact that there are many non -bank entities offering credit facilities or related services these days – many of whom do not fall under
the purview of any ministries/agencies listed above. With the enactment of the CCA, it is hoped that these concerns will be addressed.
Malaysia’s drafting of the CCA is inspired by similar work that has been done in several other nations thus far to improve th eir consumer credit landscapes.
These include the United Kingdom’s Consumer Credit Act of 1974, as well as more recent ones, such as New Zealand (Credit Cont racts and Consumer
Finance Act 2003), South Africa (National Credit Act No. 34 of 2005), and Australia (National Consumer Credit Protection Act 2009).
Once enacted, the CCA is expected to pave the way for the “modernisation of the consumer credit regime in Malaysia”, protecti ng credit consumers from
unfair and deceptive market practices. Chief of all, it will allow for the establishment of a framework for entities that pro vide credit and credit services
(including non-bank entities), along with a consistent blueprint for credit consumer protection.
The CCA will also guide the collaborative efforts between all relevant ministries and agencies in enforcing the new standards and regulations. Ultimately, this
should lead to the development of an organised consumer credit landscape.
Driving these reforms under the CCA will be the new independent authority body dubbed the Consumer Credit Oversight Board (CC OB). There will also be a
separate Council for Consumer Credit Malaysia (CCC), which serves as a platform where the CCOB – as the key entity spearheading the effort – and existing
ministries or agencies can come together to coordinate efforts and discuss key areas of concerns.
– Provisions to facilitate Islamic credit business by non-bank credit providers, such as ensuring that these businesses and their products
comply with shariah principles
– Existing licences/permits for moneylenders, pawnbrokers, and repossession of goods (under the Hire Purchase Act 1967) that were
issued under current legislations remain valid
– CCA will be amended to support the repeal of the three legislations above
Phase After 2030 – Enhancements to the existing regulatory framework can be considered, including proposals drawn from the experience of “twin peaks”
3 approach* to financial regulation
* The “twin peaks” approach basically employs two regulators to safeguard the financial system: one responsible for prudential
Now that you’re aware of the general objectives behind the CCA, we’ll delve a little deeper into the nitty -gritty of the Act. Who does it actually protect, what
businesses does it cover, and what exact areas does it protect consumers against? Let’s find out.
The CCA consultation paper (Part 1) was unambiguous in noting that it is “ not intended to protect all consumers”. Rather, it seeks to focus on those who are
“most vulnerable, less resilient, and lack bargaining power when dealing with credit providers”.
Under this distinction, the CCA will therefore cover not just individual consumers, but also micro as well as small and mediu m enterprises (SMEs and
MSMEs). Specifically, you will be protected by the CCA if you fall into any of these categories:
Categories Details
Individuals When you obtain, have obtained, or intend to obtain credit for personal, domestic, or household purposes (unlimited amount)
SMEs & MSMEs When you obtain, have obtained, or intend to obtain credit less than RM500,000
Guarantors When you act as a guarantor for individuals/businesses obtaining credit (in the two categories above)
Others Any other person or class that may be prescribed by the minister
2) Who will the CCA apply to?
Overall, the CCA will apply to any entities that serve as credit providers or credit service providers. Depending on which ca tegory your business falls into,
you’ll be required to either obtain a licence under the CCA when it comes into effect, or register your business.
Under Phase 1 of implementation, the CCA will concern these following entities:
The CCA consultation paper noted that very frequently, credit consumer harm (as defined by the CCA) is caused by irresponsibl e or unethical practices on
the part of credit providers and credit service providers. Common examples of these include inadequate affordability assessme nts, use of complex and
ambiguous terms in credit contracts, and not displaying important terms or conditions prominently.
As such, the CCA has been designed to offer consumer protection in eight key areas, namely:
Kak Tini admits that she is not digitally nor financially savvy, and in her The CCA will also set expectations for credit providers to handle credit consumer
haste for instant credit, she simply agreed to the terms set by BNPL complaints and disputes in a timely and effective manner.
providers. She is also unable to reach the BNPL providers despite calling
repeatedly, and is unsure how she can go about lodging a complaint or
seeking help.
Scenari Mr John, who owns a mechanic workshop, took on a loan of RM50,000 While BNM has put standards and regulations in place for banks to ensure fair and
o2 from a licensed credit provider to expand his workshop. However, flash professional conduct, DCAs are currently not regulated directly by any authorities.
(Intimidat floods damaged his workshop, and Mr John had to use his savings to
ing debt repair these damages. This consequently caused him to fall behind on Unregulated non-bank credit providers are also not subjected to similar obligations to
collector) his monthly repayments. ensure that their appointed DCAs treat customers fairly and respectfully.
Soon after, Mr John is approached by debt collectors from a debt The enactment of the CCA will put DCAs under the purview of the CCOB. As a
collection agency (DCA), appointed by the licensed credit provider to registered entity, DCAs will be required to adhere to ethical and professional
recover his debts. The initial meetings were cordial, with the debt standards of conduct in all their dealings. Otherwise, DCAs can be penalised for
collector patiently advising him. breaches of conduct obligations imposed on them.
***
The CCA consultation paper that has been made available thus far is only Part 1 of a more extensive document. Part 2 – which is expected to set out the
authorisation requirements and the standards of conduct of participants – is slated to be issued in the fourth quarter of 2022. Members of the public are also encouraged
to share their feedback on the matter.
From <https://ringgitplus.com/en/blog/loans/what-is-the-malaysia-consumer-credit-act-why-does-it-matter-to-you.html>
It’s never easy to get rejected when it comes to love or job applications, and loan applications are no different. You’ll be waiting, hoping, and praying that your loan
comes through and if it doesn’t, cue the crushing blows.
To reduce your chances of being a loan-reject, your application needs to be a solid one. But how exactly do banks measure your financial status? What do they look for
when it comes to approving loans? Here are the three main areas that prospective lenders will focus on when reviewing financing applications:
Therefore, even if you are making big money as a freelancer or a sole proprietor, when compared to a permanent employee with a fixed monthly salary, you’re likely to
appear as the higher-risk applicant. Don’t worry though – just like look for loans that welcome applicants by both salaried and self-employed employees, like the RHB
Easy-Pinjaman Express and Alliance Bank CashFirst Personal Loan.
In addition, the high status of the company you work for i.e. MNC or public-listed firm could help bolster your application, whereas a newly-incorporated sole
proprietor may not hold as much sway.
Having a healthy reserve in savings accounts and fixed deposits or owning other assets like property, stocks and bonds indicate that you have the means to repay your
prospective lenders.
Furthermore, if your accounts are tied with the bank you intend to borrow from, you might just have a leg up in securing a loan. Your application could be deemed as
less risky because of their ‘right to set off’ your dues from the savings accounts (and other assets) you hold with them.
Credit History
While this is an obvious one, you might not be familiar with the exact aspects of your credit history the banks are concerned with. Did you know that being blacklisted
by a utility company or leaving multiple savings accounts dormant could have an effect on your loan application?
It certainly can and while these very common infractions may not even ring a bell to you, it could be listed by credit reporting agencies and raise red flags on your
report.
credit score
This is why it’s necessary view your credit report before making any loan application so you can clear off your remaining debt beforehand. All the same, you can also
take out a personal loan with the aim of consolidating all your previous debts – such as the Standard Chartered CashOne Debt Consolidation Plan – so it varies from
situation to situation.
Bonus Tip: Don’t know what your credit health is like? There are many ways for you to get a credit report or health check instantly and online!
Apart from these factors, banks may also look at a borrower’s status, as in their age, professional qualifications, titles held, community ties and the like.
1. Get a Guarantor
A parent or spouse with good credit standing can improve your application and perhaps even secure better loan terms. If you’re running your own business, try to get a
recommendation letter from reputable creditors who are willing to help you.
Apply to at least one bank with which you have a good relationship i.e. one that you have actively maintained an account with or promptly repaid any credit issued or
loan undertaken in the past. Not being a stranger can be beneficial especially if the prior conduct was positive. For example, you could even get better interest rates for
a Citibank Personal Loan if you have a credit card with Citibank.
Even during regular days, credit card balance transfer programmes are a good strategy to fall back on if you’re swamped with credit card debts that you can’t repay on time.
At interest charges of up to 18% p.a., outstanding balances for credit cards can quickly go out of control. This is even more so now that many of us face increased difficulty in
our repayments following the economic impact of the Covid-19 pandemic and movement control order (MCO).
While the 13% p.a. interest rate for BNM’s auto balance conversion is lower than the usual 15% to 18% p.a. usually charged on your unpaid credit balances, most balance
transfer plans can offer you a much better rate. Like, much better – it is not uncommon for balance transfer packages in the market to entice newcomers with 0%-interest periods and
promotional interest rates. That said, you do need at least two credit cards to be able to do balance transfers.
– 1% upfront interest – RM50,000 or 80% of available approved credit limit (for 1% upfront interest)
Bank Rakyat
(Pemindahan Baki Kad Kredit)
Public Bank
(PB Balance Transfer)
Aside from the promotions provided by the banks above, here is also a list of some of the better balance transfer plans that are currently available in the market:
– 7% (36 months)
Alliance Bank – 0% p.a. (6 months) RM1,000 N/A – 6 months
(Balance Transfer 9.88 Programme) – 12 month
Hong Leong Bank 6 months RM1,000 90% of available approved credit limit – 6 months
(One-Time Upfront Fee Balance Transfer – For both new – 3% (one-time fee for 6 months) – 12 months
and existing HLB credit cardholders) 12 months
– 5% (one-time fee for 12 months)
Hong Leong Bank 6 months RM1,000 Subject to available credit limit and – 6 months
(Balance Transfer Programme – Monthly Interest – for – 7.99% p.a. (offline rate) the bank’s discretion – 12 months
existing HLB credit cardholders only) – 6.99% p.a. (online rate)
12 months
– 8.99% p.a. (offline rate)
– 6.99% p.a. (online rate)
Hong Leong Bank 6.99% p.a. RM1,000 Subject to available credit limit and – 6 months
(Connect Exclusive Plan) the bank’s discretion – 12 months
For existing HLB credit cardholders who submit
applications through HLB Connect
Hong Leong Bank 4.99% p.a. (online and offline rate) RM1,000 Subject to available credit limit and No fixed
(Lifetime Balance Transfer Programme/Balance Transfer the bank’s discretion repayment period
Birthday Offer)
• For new HLB cardholders
• During the birthday month of existing HLB cardholders
HSBC 7.88% p.a. RM1,000 Subject to available approved credit – 6 months
(Balance Transfer Instalment) limit – 12 months
– 24 months
– 36 months
Maybank 6 months 6 months 6 months – 6 months
(Balance Transfer/Balance Transfer-i Plan) – 1.88% (upfront fee) + 0% p.a. (via – RM1,000 – RM50,000
Maybank2u only) 9 months 9 months – 9 months
9 months – RM1,000 – 90% of available credit limit
– 9% p.a. 12 months 12 months – 12 months
12 months – RM1,000 – RM50,000- 90% of available credit
– 3% (upfront fee) + 0% p.a. (if maximum 24 months limit – 24 months
transfer is RM50,000) – RM1,000 24 months – 36 months
– 12% p.a. (if maximum transfer is 90% of 36 months – 90% of available credit limit
available credit limit) – RM2,000 36 months
– 90% of available credit limit
24 months
– 4.5% p.a.
36 months
– 4.95% p.a.
OCBC – 2.88% (upfront interest for 6 months) RM1,000 80% of available approved credit limit – 6 months
Standard Chartered 5.99% p.a. RM1,000 Subject to available credit limit and – 12 months
(Balance Transfer Plus) the bank’s discretion – 18 months
– 24 months
– 36 months
12 months
– 3.68% p.a.
(upfront interest)
18 months
– 4.68% p.a. (upfront interest)
***
As you tap into the benefits of balance transfer programmes to help you repay your credit card debts, make sure to always exercise some financial responsibility. It is crucial
that you remain prompt with your monthly repayments, or you will still be hit with the standard credit card interest charge. Remember that balance transfers are not free
money, but helps you repay outstanding credit card debt.
The Financial Management and Resilience Programme (URUS) is now open for application to eligible individual banking customerswho fall under the bottom 50% (B50)
income group. Announced back in October 2021 by Prime Minister Datuk Seri Ismail Sabri Yaakob, the programme is intended as another form of assistance to borrowers
who are still struggling financially due to the Covid-19 pandemic. It is set to run for a total of three months from now until 31 January 2022.
With URUS now ready to assist Malaysians in need, here are some key details about URUS that you should know.
What is URUS?
URUS is described as a free “holistic assistance package” aimed at borrowers who are still facing prolonged cash flow difficulties due to Covid-19. The programme was
drawn up via a collaboration between the banking sector and the Credit Counselling and Debt Management Agency (AKPK), and offers aids such as personalised financial
plans as well as financial education programmes.
Your enrolment into URUS may result in certain changes in the existing terms of your loans, such as an extension of the maturity date of your loan or financing – which, in
turn, could cause your overall borrowing/financing cost to increase. Your loan/financing balance will also be adjusted to reflect the interest/profit waiver.
• Housing loans/mortgages
• Personal loans and micro financing (including Amanah Saham Bumiputera (ASB) loan/financing, education loans, etc)
• Car loans
• Hire purchase*
• Credit card balances or other revolving credit lines (such as overdraft/cash lines and trade credit facilities) that were previously converted into term loan/financing
* While the list includes hire purchase as one of the facilities eligible for URUS, note that it will not be included as part of the personalised financial plan due to specific legal
requirements. Instead, the bank will contact you directly with details of your repayment terms.
Aside from this, note that borrowers who have loans or financing with multiple banks do not need to make numerous URUS applications (one application for each
loan/financing). Instead, you are only required to make one URUS application with any one of your banks as the standardised application form will let you list out all your
performing loans with the different financial institutions (as you can see in the sample image below). You are encouraged to list out all of them – or as many as you can – as this
will allow AKPK to consolidate your details across banks and develop a more comprehensive repayment plan for you.
Meanwhile, if your application is not approved, you will be informed by your bank within five working days. You can then reach out to AKPK or available bank personnel for
alternative solutions.
I am currently enrolled in other repayment assistance programme (under PEMULIH). What happens if I apply for URUS?
In general, URUS will supersede your existing repayment assistance programme. However, it is also possible to maintain your current repayment terms by making
adjustments for the three-month interest/profit waiver – provided you are eligible.
What are the other support offered via URUS aside from the personalised financial plan?
On top of the personalised financial plan, URUS also supports borrowers with various development, education, and advisory aidon how to manage their finances. They can
tap into AKPK’s financial education programmes for free, which cover topics such as goal setting, wealth management, and cashflow management.
There is also a collaborative effort by the name of Social Synergy Network, which enables borrowers to obtain a range of assistance from relevant agencies via referrals.
These referrals may yield aids such as employment opportunities, digital training and business platforms, as well as upskilling and reskilling courses.
• Affin Bank
• Agrobank
• Alliance Bank
• AmBank
• Bank Islam
• Bank Muamalat
• Bank Simpanan Nasional
• CIMB
• Hong Leong Bank
• HSBC Bank
• Maybank
• MBSB Bank
• OCBC Bank
• Public Bank
• RHB Bank
• Standard Chartered Bank
• UOB Bank
Again, do note that some banks may have stricter screening processes, so be sure to check your bank’s requirement list to ensure a smooth application process.
From <https://ringgitplus.com/en/blog/debt-management/urus-financial-assistance-programme-what-to-know-before-applying.html>