United Kingdom

Topic: Consumer credit

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New Regulation Tomorrow plus podcast – HM Treasury final consultation on the regulation of BNPL products

In this podcast, Matthew Gregory and Simon Lovegrove discuss HM Treasury’s final consultation on the proposed legislative changes to bring currently unregulated buy-now-pay-later products into scope of the UK Consumer Credit Act 1974, and FCA regulation.… Continue Reading

Regulation of Buy-Now Pay-Later: HM Treasury consultation on draft legislation

Introduction HM Treasury has now released its final consultation on the proposed legislative changes to bring currently unregulated buy-now-pay-later (BNPL) products into scope of the UK Consumer Credit Act 1974, and FCA regulation. These proposals, together with the earlier consultation documentation and responses from HM Treasury set out a new, proportionate regulatory framework for BNPL … Continue Reading

Commission welcomes political agreement on the proposed revised Consumer Credit Directive

On 2 December 2022, the European Commission announced that it welcomed the provisional political agreement reached between the European Parliament and the Council on the proposed revised Consumer Credit Directive. The European Parliament and the Council now need to formally adopt the political agreement.… Continue Reading

European Parliament draft report on the proposed Directive on consumer credits

On 12 July 2022, the European Parliament published compromise amendments on the draft report on the Proposal for a Directive of the European Parliament and of the Council on consumer credits. Overall, MEPs want better protection for consumers applying for loans online. The new EU rules aim at protecting consumers online from credit card debt, … Continue Reading

Government responds to BNPL consultation

Introduction On 20 June 2022, HM Treasury published the government’s response to its October 2021 consultation on the regulation of Buy-Now Pay-Later (BNPL) products. The consultation was preceded by an announcement from the government in February 2021, indicating that it wanted to bring unregulated interest-free BNPL products within the scope of regulation given the potential … Continue Reading

FCA proposes ban on debt packager referral fees to protect consumers

On 17 November 2021, the FCA published Consultation Paper 21/30 ‘Debt packagers: proposals for new rules’ (CP21/30). The proposals in CP21/30 applies to debt packager firms and appointed representatives who act as debt packagers. The FCA proposes banning debt packager firms from being paid to refer customers to other firms. This proposal is intended to … Continue Reading

HM Treasury consultation on the regulation of Buy-Now Pay-Later

On 21 October 2021, HM Treasury issued its long anticipated consultation on the regulation of Buy-Now Pay-Later (BNPL) products. Background In February the government announced its intention to bring unregulated interest-free BNPL products within the scope of regulation given the potential risk of consumer detriment highlighted in the Woolard Review. Following the announcement the government … Continue Reading

FCA speech – Regulating for better outcomes – next steps in consumer credit

On 8 October 2021, the FCA published a speech by Nisha Arora (Director of Consumer and Retail Policy, FCA) entitled Regulating for better outcomes – next steps in consumer credit. Key points in the speech include: It’s never been more important that the consumer credit market works well for consumers, firms and the economy. The … Continue Reading

FCA portfolio letter to firms in the mainstream consumer credit lenders portfolio

On 2 December 2020, the FCA published a letter it had sent to the board of directors of firms assigned to the mainstream consumer credit lenders portfolio. In the letter the FCA: Sets out its view of the risks mainstream consumer credit lenders may pose to their consumers or the markets in which they operate. … Continue Reading

FCA confirms support for consumer credit customers impacted by COVID-19

On 19 November 2020, the FCA confirmed updated guidance to firms setting out enhanced support that should be available to consumer credit customers experiencing payment difficulties as a result of the COVID-19 pandemic. The guidance covers users of personal loans, credit cards, store cards, catalogue credit, rent to own, buy now pay later, pawn broking, … Continue Reading

The Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020

On 11 November 2020, there was published on legislation.gov.uk The Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020 together with an explanatory memorandum.  The Consumer Credit Act 1974 (the Act) created a consumer protection regime, which required creditors or owners to send notices to borrowers or hirers under regulated agreements before taking … Continue Reading

FCA call for input: review into change and innovation in the unsecured credit market

On 2 November 2020, the FCA issued a call for input seeking views into how the unsecured credit market is changing, particularly in light of the COVID-19 pandemic, and how regulation can support this market. The call for input is focussed on the following four key themes: Drivers and use of credit. The FCA has … Continue Reading

FCA regulation of consumer credit – during the pandemic and beyond

On 13 October 2020, the FCA published a speech by Nisha Arora (Director of Consumer and Retail Policy) entitled FCA regulation of consumer credit – during the pandemic and beyond. Key points in the speech include: In all the FCA’s work to protect consumers in credit and other markets, it is guided by the Principles … Continue Reading

FCA confirms next stage of support for consumer credit and overdraft customers

In April 2020 the FCA published temporary guidance setting out how it expects firms to support consumer credit and overdraft customers who were facing temporary payment difficulties because of the exceptional circumstances arising out of coronavirus. This guidance was updated in July (the July Guidance). On 31 July 2020, the FCA published a Call for … Continue Reading

Christopher Woolard to chair review of unsecured credit market regulation

On 16 September 2020, the FCA announced that Chris Woolard will chair a review of the future regulation of the unsecured credit market. The review will concentrate on how regulation can better support a healthy unsecured lending market. It will take into account the impact of the coronavirus pandemic on employment security and credit scores, … Continue Reading

FCA highlights concerns when credit firms allow repeat borrowing

On 6 August 2020, the FCA published the findings of its review into relending by firms that offer high-cost credit. The review, which was completed prior to the coronavirus pandemic, highlights concerns about poor practices by some firms and notes that nearly half of consumers regretted borrowing more money. As firms in this sector begin … Continue Reading
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