Code of Best Practice on Consumer Credit and Charging |
Arabic |
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1) This Code has been prepared jointly by the Bahrain Association of Banks (BAB) and the Central Bank of Bahrain (‘Central Bank’ or ‘CBB’). It sets out minimum standards for retail banks and financing companies (thereafter referred to as Central Bank Licensees or Licensees) to follow when providing credit and other services on which fees and/or profit (profit margin in case of Shari’a compliant financing) are payable by personal customers in the Kingdom of Bahrain. The Code was later amended by the Central Bank to be in line with the new changes introduced into its Rulebook.
2) This Code applies where any Central Bank licensee provides to a consumer:
3) Adherence to this Code is mandatory for all Central Bank licensees. Consumers are encouraged to inform the Central Bank where they believe there has been non-compliance with the Code.
The overriding duty of all Central Bank licensees is to act fairly, responsibly and reasonably in their dealings with consumers.
The four overriding principal commitments are:
For each new (or potentially new) customer, licensees should:
1) Licensees must inform consumers about the APR at any time they: (i) are contemplating buying a product or (ii) ask how and where they can find information about charges. Such information can be provided by:
2) Licensees must provide consumers with written information about the APR that apply to their credit facility when including when payable. They must also notify them of any changes. Shari’a compliant institutions must provide consumers with written information on APR on equivalent forms of charging (such as ‘profit rates’ etc.) and references to obligations concerning ‘interest/profit rates’ in this Code shall be construed accordingly
3) A licensee must give a full explanation of how the APR is calculated
4) Licensees must publicise in branches, on websites and in their Schedule of Charges, the Annual Percentage Rate (APR) and bring this to the attention of new customers
5) Licensees must inform consumers of any changes to APR rates in an effective manner before they take effect
6) When APR changes, licensees must update this information on their websites within 30 calendar days prior to the change taking effect. Licensees must also advise on the old rate so that customers can compare how the new rate has changed.
Licensees should refer to the definition of ‘APR’ in Paragraph BC-4.3.10 of Module BC (Business and Market Conduct) in Volume 1 of the CBB Rulebook.
1) Before a licensee provides any form of financing, they must assess whether the customer will be able to repay, given their knowledge of the customer’s current circumstances
2) If an Overdraft (or any other type of facility) is repayable ‘on demand’, licensees should make this clear to the customer
3) Licensees should comply with Central Bank rules on consumer finance in Module CM.
1) Customers must be given details of any charges that apply (or may apply) to the product or service they are intending to purchase, including:
2) Customers must also be given information on where to find out about charges, for example:
3) If the contract gives the licensee power to vary fees or charges, the amount or timing of payments, the interest/profit rate or the way interest/profit is calculated and the licensee decides to exercise that power, the customer must be provided with full particulars of the change, including an updated schedule of the total interest/profit payments and principal repayment for the remaining term of the credit facility, at least 30 calendar days prior to the date the change takes effect. Such notice is to enable the customer to decide whether to accept the new terms or terminate the agreement by settling the outstanding amount of the facility
4) Licensees should advise customers of any charges both before a product or service is provided and at any time the customer asks
5) Licensees should ensure that all charges are justifiable for the service and products provided to customers
6) Licensees that have web sites should publicise their charges on their site.
1) Licensees should always endeavor to discuss financial difficulties with their customers before taking legal proceedings
2) Where possible, licensees should consider alternative arrangements to enable customers to overcome their repayment difficulties
3) Licensees should provide customers with a minimal level of counseling on debt problems.
1) Licensees must have formal customer complaint procedures in place and a copy of this should be submitted to the Central Bank. Moreover, licensees should appoint a customer complaints officer and publicise his/her contact details at all branches
2) Licensees must inform customers of the complaint procedures and should provide a written leaflet outlining the procedures
3) Licensees should acknowledge in writing customer complaints received in writing, within 5 working days of receipt of the complaint
4) Within 4 weeks of written acknowledgement to the customer, licensees should respond in writing explaining their position and how they propose to deal with the complaint
5) If a customer is not satisfied with a licensee’s response, the licensee should advise the customer on how to take the complaint further within the organisation
6) If they are unable to resolve a complaint, licensees must outline the options that are open to that customer to pursue the matter further, including where appropriate, referring the matter to the Consumer Protection Unit at the Central Bank.
1) The customer complaint officer should also monitor the licensee’s adherence to this Code
2) The Central Bank may, from time to time, ask the Compliance Officer to report on the licensee’s record of adherence to the Code
3) Licensees should implement this Code and ensure that their staff are fully familiar with it
4) Copies of the Code should be made available to customers and notices should be displayed in all branches and on websites explaining that copies of the Code are available
5) The Central Bank will also display a copy of this Code on its own website
6) In the event of conflict between the requirements of this Code and the provisions of the Central Bank Rulebook, the latter shall prevail.