In this latest Regulation Tomorrow Plus podcast we consider the FCA’s recent intervention in the motor finance sector including the action that firms will need to take. Listen to the episode here.… Continue Reading
On 16 November 2023, the FCA announced that it has recently reviewed its interpretation of the consumer credit legislation for Limited Permission secondary credit brokers, and specifically how the legislation applies to credit broking firms whose main business activity is the supply of non-financial services. As a result of that review, firms that were authorised … Continue Reading
On 14 November 2023, the FCA published a set of diagrams intended to act as an aid to understand the proposals set out in its Consultation Paper CP23/21 on consumer credit – product sales data reporting. For more detail on CP23/21, please see our previous blog. These documents have been prepared with the aim of … Continue Reading
On 9 November 2023, the European Banking Authority (EBA) published a consultation paper on draft guidelines on complaints-handling of credit servicers under Directive (EU) 2021/2167 on credit servicers and credit purchasers (otherwise known as the NPL Directive). The main purpose of the NPL Directive is to foster the development of secondary markets for non-performing loans … Continue Reading
On 30 October 2023, there was published in the Official Journal of the European Union (OJ) Directive (EU) 2023/2225 of the European Parliament and of the Council of 18 October 2023 on credit agreements for consumers and repealing the Consumer Credit Directive. The Directive enters into force on the twentieth day following its publication in … Continue Reading
On 9 October 2023, the European Council adopted the revised Consumer Credit Directive (CCD II). The CCD II repeals and replaces the current 2008 directive in consumer credit agreements. In particular, the CCD II aims to ‘promote responsible and transparent practices by all players involved in consumer credit,’ and promotes responsible and transparent practices by … Continue Reading
Among the documents that the Government published last December as part of its Edinburgh reforms was a consultation paper on reforming the UK’s Consumer Credit Act 1974. We have published a new briefing note on the consultation paper which can be found here.… Continue Reading
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
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
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
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
On 27 June 2022, the FCA published a Dear CEO letter concerning its supervisory strategy for the Debt Advice portfolio. The letter follows an earlier letter published in July 2020, and: Provides an update on the key risks that the FCA has identified that debt advice firms pose to their customers and the markets in … Continue Reading
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
On 16 June 2022, the government announced that it would be reforming the Consumer Credit Act 1974 and move much of the Act from statute to the FCA Handbook. The reforms will build on the recommendations of the FCA’s retained provisions report and the Woolard Review – which both made recommendations for a reformed regime. … Continue Reading
ASIC, which is Australia’s corporate, markets and financial services regulator, has over the last six months achieved a bumper 256 enforcement outcomes designed to protect consumers and enhance the fairness and efficiency of the financial markets. These enforcement outcomes included criminal, civil and administrative actions in addition to negotiated outcomes such as enforceable undertakings. While … Continue Reading