Category: Money

  • How To Ban Someone From Taking A Loan With A Money Lender

    How To Ban Someone From Taking A Loan With A Money Lender

    In today’s financial climate, borrowing is commonplace. From emergency cash loans to debt consolidation and business funding, moneylenders play an essential role in society. However, situations may arise where individuals or families wish to prohibit someone—often a loved one—from borrowing from licensed moneylenders. This could stem from past irresponsible borrowing, gambling addiction, or mental health challenges. The question then becomes: Is it possible to ban someone from taking a loan with a money lenders in Singapore?

    This article explores the intricacies of loan restrictions, the legal and regulatory frameworks in Singapore, the role of self-exclusion, third-party concerns, and the ethical implications involved. It presents a balanced, well-researched guide for individuals seeking to protect vulnerable borrowers from financial harm.

    Understanding the Legal Landscape: The Authority of the Moneylenders Act

    In Singapore, personal loans offered by licensed moneylenders are governed by the Moneylenders Act, which is enforced by the Registry of Moneylenders—a division under the Ministry of Law. This law sets out clear guidelines on how loans should be issued, what rights borrowers have, and how disputes can be handled.

    Key Things to Know:

    • Borrowers must be at least 18 years old
    • Licensed moneylenders are legally required to assess whether a borrower can realistically repay the loan.
    • Due diligence checks—such as reviewing income, creditworthiness, and financial commitments—must be completed before approval.

    That said, the law does not allow third parties—such as a parent, spouse, or employer—to prevent an adult from taking out a personal loan, unless there’s a legal guardianship in place or a court order involved. This creates a challenge, particularly for families trying to intervene in cases where a loved one may be borrowing irresponsibly.

    Can You Legally Ban Someone From Taking a Loan?

    1. Third-Party Exclusion Is Not Automatically Enforceable

    There is no provision in Singapore’s laws allowing an individual to place a direct, legally binding ban on another person from taking loans from licensed moneylenders, unless they have been legally declared incapacitated or are under some form of court-sanctioned financial restriction.

    For example:

    • A parent cannot contact a moneylender to ask them to refuse a loan to their adult child.
    • An employer cannot prevent an employee from seeking a personal loan, even if it may affect job performance.

    2. Legal Guardianship and Court Orders

    The only exception to the above is if the person is under a legal guardianship or Court of Protection due to mental incapacity. In such cases:

    • A court-appointed deputy may manage the person’s financial affairs.
    • Moneylenders must comply with these legal arrangements and refrain from offering loans to such individuals.

    This route, however, is lengthy and complex, requiring medical evaluations, legal proceedings, and court approval.

    The Role of Self-Exclusion Programmes

    Although third-party exclusions are limited, Singapore has implemented self-regulatory schemes, particularly through the Credit Association of Singapore (CAS) and the Registry of Moneylenders.

    1. Self-Exclusion Programme by Credit Association of Singapore

    Launched to help protect vulnerable individuals, this programme allows people to voluntarily bar themselves from borrowing from licensed moneylenders.

    Key Features:

    • The exclusion is voluntary and must be initiated by the borrower themselves.
    • Once registered, all licensed moneylenders will be informed through the centralised registry and are obliged to deny loan applications from the excluded individual.
    • The exclusion period is typically for a minimum of two years, though it can be extended or renewed.

    Unfortunately, third-party applications are not accepted. However, families can encourage their loved ones to register by explaining the long-term benefits of financial restraint.

    How to Apply:

    • Visit the official CAS website or approach selected credit counselling centres.
    • Complete the application form with proper identification.
    • Pay a nominal administration fee.
    • The ban takes effect across all licensed moneylenders.

    2. Voluntary Welfare Support

    In situations where borrowers may not be willing to enrol themselves, credit counselling services and social workers may step in. These professionals can assist families in mediating the issue, providing education, and even accompanying individuals to apply for self-exclusion.

    What If the Borrower Is Addicted or Mentally Unwell?

    When borrowing is driven by underlying issues such as gambling addiction or mental health disorders, a multidisciplinary approach is essential.

    1. Gambling Addiction and National Council on Problem Gambling (NCPG)

    If the individual’s loans stem from gambling debts:

    • Families can apply for a Third-Party Casino Exclusion Order via the NCPG.
    • Although this does not directly ban moneylender borrowing, it addresses the root cause of debt accumulation.
    • The NCPG can also refer the person to counselling services.

    2. Mental Health Interventions

    In cases of poor mental health, families may seek:

    • A medical evaluation through the Institute of Mental Health (IMH).
    • Application for Deputyship under the Mental Capacity Act, allowing a trusted person to take over financial decisions.
    • Financial counselling and support from organisations such as Credit Counselling Singapore (CCS).

    Such actions, while not quick fixes, establish a legal and moral framework for restricting harmful financial behaviour.

    Engaging Licensed Moneylenders Proactively

    If legal intervention is not immediately possible, some families may consider contacting moneylenders informally. While moneylenders are not legally obliged to comply, some may voluntarily exercise discretion, especially if presented with compelling evidence.

    When contacting a lender:

    • Be polite and professional.
    • Explain the situation with empathy and relevant documentation.
    • Request that they refrain from lending based on moral discretion.

    It is important to note that this is not legally binding and depends entirely on the lender’s judgment.

    Exploring Alternative Financial Controls

    If a loved one is financially vulnerable, consider implementing broader protective measures:

    1. Joint Bank Accounts or Trusts

    Managing their income through a joint bank account allows a trusted individual to monitor or control financial inflows and outflows. Alternatively, setting up a trust can help safeguard assets and income distribution.

    2. Financial Literacy Programmes

    Prevention is better than cure. Enrol individuals in financial literacy workshops run by government agencies or NGOs. Empowering people with financial knowledge can significantly reduce risky borrowing behaviour.

    3. Credit Limit Monitoring

    While you cannot block someone from taking loans directly, you can monitor their credit exposure through credit bureau reports (with consent). Credit Bureau Singapore (CBS) allows individuals to obtain their credit report, which may reflect existing loans and payment history.

    The Ethical Considerations: Where Is the Line?

    Taking A Loan With A Money Lender

    Attempting to block someone from borrowing raises serious ethical questions:

    • Does it infringe on personal freedom?
    • Is it morally justifiable to override another person’s autonomy?
    • When does intervention become necessary?

    These are complex issues, especially in adult relationships. The balance lies in protecting those who are vulnerable while respecting individual agency.

    Family-led interventions should ideally be based on dialogue, mutual trust, and professional guidance. Heavy-handed attempts without consent may backfire, leading to secrecy or rebellion.

    Final Thoughts: A Difficult but Compassionate Road Ahead

    While there is no straightforward way to legally ban someone from borrowing from a licensed moneylender in Singapore, several avenues exist to manage and influence such behaviour. These include self-exclusion programmes, court-appointed financial guardianship, and psychological or addiction counselling.

    Families facing such challenges must combine legal knowledge, compassion, and professional support to protect their loved ones without alienating them. In an era where access to fast cash is just a few clicks away, the importance of responsible borrowing—and responsible intervention—cannot be overstated.

    Summary of Options

    MethodDescriptionLegally Enforceable?
    Self-Exclusion (CAS)Voluntary ban initiated by borrower✅ Yes
    Legal Guardianship / DeputyshipCourt-appointed control over finances✅ Yes
    Third-Party Request to LendersInformal plea to avoid lending❌ No
    Mental Health EvaluationCan lead to court-ordered restrictions✅ With court order
    Financial EducationEncourages better decisions❌ No
    Trust / Joint AccountsControls income and spending✅ If established legally

    If you are grappling with this issue in your family or community, consider speaking to:

    • Credit Counselling Singapore (CCS)
    • Ministry of Social and Family Development (MSF)
    • Institute of Mental Health (IMH)
    • Law Society Pro Bono Services

    These institutions can guide you through the process of protecting your loved one’s financial and mental wellbeing.

    Let empathy guide your intervention. Borrowing should never become a burden—especially for those too vulnerable to understand its true cost.