Regulation of Buy-Now-Pay-Later (BNPL): HMT has proposals for the regulation of BNPL products and laid legislation in parliament. The framework brings BNPL firms in scope of the Consumer Credit Act (CCA) and FCA oversight. Once legislation has been finalized, the FCA will set out the rules for BNPL firms including disclosure requirements, affordability and FOS rights. Exemptions include agreements financing insurance, and merchants which provide their own short-term interest-free products. For now, domestic premises suppliers offering BNPL remain in scope as credit brokers � however, in response to emerging stakeholder concerns, the government will consider this further. The legislation will now be laid in parliament, and the new regime is expected to be in effect by mid-2026.
Consumer Credit Act reform: HMT has proposals to reform the Consumer Credit Act 1974 (CCA). Due to the scale and complexity of the reform, work has been split into two phases. This phase one consultation sets out the high-level approach to the new regime. It also seeks views on proposals to repeal information requirements, replacing them with new FCA rules, and a repeal of sanctions requirements, placing reliance on existing FCA rules. The consultation also considers whether it is necessary to retain some or all the criminal offences in the CCA, or whether they can all be repealed. Phase two will address the scope of regulation, key definitions and core consumer rights.
Consumer credit regulatory returns: The FCA has its consumer credit regulatory returns Policy Statement (PS25/3), introducing a new reporting return for consumer credit firms engaged in credit broking, debt adjusting, debt counselling and the provision of credit information services. The return includes five mandatory sections, followed by tailored questions based on firms� permissions. Although largely unchanged from the consultation, notable amendments to the return include a 27% reduction in the volume of questions, an extension of the submission window to 40 days in any reporting period, and rule clarifications. The first reporting period will run from 1 January 2025 to 31 December 2025.
Complaints data reporting: The FCA is on streamlining complaints data reporting, proposing to consolidate five existing returns into a single return to remove inefficiency, reduce the reporting burden and reduce the risk of misreporting. The five returns are Dispute Resolution 1, Consumer Credit, Payment Services, Claims Management Companies, and Funeral Plans. Firms will be asked to complete questions linked to their permissions. Other proposals include a move to calendar year reporting, removing group reporting and changes to the complaintsâ€� categorisation taxonomy â€� including a new category to capture Consumer Duty outcomes complaints and complaints where the customer is identified as vulnerable. The first collection using the new return will be for the period ending December 2026.Â
H2 2024 Complaints data: The FOS’s H2 2024 shows a significant increase in overall complaints volumes â€� 49% higher than H2 2023. This continues a trend seen over the last couple of years. Disputes around banking fraud, credit affordability and motor finance commission are the main drivers for the increase. Complaints brought by Professional Representatives (PRs) continue to rise, accounting for around 46% of new complaints referred the FOS, compared to 22% in H2 2023. Much of can be attributed to PRs' involvement in car finance complaints, most likely driven by the FCA's ongoing work on discretionary commission in motor finance. PRs are also active in other areas and brought over 50% of all banking and credit complaints.Â
Mortgage rule simplification: The FCA is on changes to its mortgage rules to simplify regulations and support sustainable home ownership. Proposals include removing the "interactive dialogue" trigger for mandatory advice, allowing simpler affordability assessments for term reductions and remortgaging, and retiring existing non-Handbook guidance on interest-only mortgages and cost of living support. The changes are intended to reduce the regulatory burden for firms and support growth and competitiveness.