It is now more than three years since the start of the new regulatory regime for the consumer credit industry and nearly all firms will have obtained their required permissions. However, this is an ever changing regulatory environment with a number of reviews and changes on the horizon so keeping up to date with these developments is essential. The legal experts at DWF remain on hand to help you navigate all the relevant requirements and frequent changes.
When the FCA took over the regulation of the consumer credit industry in April 2014 it brought with it a plethora of new guidance and regulations for firms to get to grips with, promising greater scrutiny and wider and more robust powers of enforcement. It is therefore vitally important that businesses are fully aware of and fully compliant with this new style of governance.
Below we have highlighted some of the key areas for focus under the FCA regime and provide useful resources and top tips to ensure you have all of the information you need to stay up to date.
DWF Conforma is designed to help you navigate your business through complying with the new FCA regulatory regime. It provides a flexible and cost-effective means of understanding how compliant your business is.
Treating Customers Fairly (TCF) is a topic which is very high on the FCA’s agenda. The FCA expects TCF to be central to firms’ business models and culture with the consumer being at the heart of everything they do. Firms are required to demonstrate that they consistently treat their customers fairly and are delivering their services against the TCF outcomes relevant to their business.
The FCA places responsibility on senior management to embed TCF in the culture of their businesses. This allows firms some degree of flexibility in approach but, it is imperative that they get it right – where the FCA finds failings in a firm around TCF it will use its full regulatory powers to take action.
Are your customers at the heart of your business? They should be.
“Vulnerability” cannot be ignored. With the FCA stating that “most users of consumer credit may be regarded as “vulnerable” to some degree because of their financial circumstances”, this is an area firms must not get wrong. Are you providing your vulnerable customers with adequate safeguards? The FCA promises proactive supervision of firms in this area.
Staff should receive specific training in this area and firms must have proper documented processes and procedures to ensure compliance.
“Complaints matter, and how they are dealt with can say much about a firm’s culture” (FCA TR14/18). The FCA believes that complaints can assist firms in enhancing and retaining customer relations; are a vital part of the connection between firms and consumers and can give firms the opportunity to learn from their mistakes and improve their products and services.
Firms need to have effective and transparent complaints processes and procedures which ensure that complaints are dealt with “reasonably, promptly and fairly” (FCA, TR14/18).
This article examines the key proposals for how firms, not currently subject to the FCA's Senior Managers' regime, will be transitioned into it when it is extended to all firms.
The Bank of England Financial Policy Committee has released a statement summarising the recent work carried out by the FPC in relation to consumer credit lending.
Compliance with the Practice Direction on Pre-Action Conduct (PD PAC) remains important for litigants. The delays that may otherwise be incurred whilst a matter is stayed or the sanctions that are applied may be substantial.
DWF’s expertise in consumer credit law is recognised nationally and we have specialist teams located across the UK. Our leading UK team provides the retail, consumer, motor sectors with industry focused advice and are praised for delivering advice that fits perfectly into clients’ businesses.
We strive to provide a full life agreement consultative approach to the way we do business to support our lender clients in providing them with a holistic approach to compliance and regulation. The team’s experience covers all areas of consumer credit, insurance mediation, mortgage regulation and other financial services regulated products from advertising and drafting documentation through to implementing new business initiatives.