FIN.

Category - Consumer Finance

Court rules on lenders on inquiry in joint borrower situations

The Supreme Court has allowed an appeal on whether a lender should have been on inquiry in a case of secured lending to joint borrowers.
In the case of Waller-Edwards v One Savings Bank Plc,� Ms Waller-Edwards was persuaded by her partner, Mr Bishop, to exchange her home and savings for a property he was building. At the time, the appellant was emotionally vulnerable but financially independent, as her home was free of mortgage and she had significant savings. Mr Bishop’s property was already subject to a charge. He then remortgaged 2 years later with the respondent bank, which believed the funds would buy another property that the couple would use as a buy-to-let and would pay off an existing mortgage debt.� It also required Mr Bishop to use the loan to pay off other existing debts, which included nearly �40,000 to pay off a car loan and a credit card. Mr Bishop actually used it to make a divorce payment and pay off the first charge on the property. The bank did not know this.
The relationship ended, and eventually the payments on the heavily mortgaged house in which Ms Waller-Edwards was then living fell behind and the bank started possession proceedings.
The appellant said that since she was a surety for part of the loan that would be used to pay off Mr Bishop’s debts, the bank should have been on inquiry that she may have been under undue influence to agree to the transaction, and it did not take steps to make sure she was aware of the liability she would be taking on. She said the remortgage transaction should be set aside as between her and the bank.
The County Court judge had agreed the appellant had entered into the transaction under undue influence but it, the High Court and the Court of Appeal all said the bank was not on inquiry because she was not a surety but instead a joint borrower. The Supreme Court disagreed. It said that where in any non-commercial hybrid transaction there is on the face of it more than a trivial element of borrowing that will discharge the debts of one borrower and therefore might not be to the other’s advantage a bank should view it as a “surety” transaction and therefore put on inquiry of the possibility of undue influence.� It said the Court of Appeal’s focus on a “fact and degree” test to establish whether the transaction was a surety transaction or a joint borrowing was wrong, as was it wrong to focus on the purpose for which the loan was used. The relevant question was whether one borrower takes on a legal liability for which they are not responsible for no personal gain. In this case, the appellant did take on such a liability.� So that meant the bank should have followed the “Etridge protocol” that required it to ensure Ms Waller-Edwards knew of the risks she was taking on.

FCA tests AI large language models on consumer guidance

The FCA has published a research note�on the effectiveness of large language models (LLMs) like OpenAI’s GPT series in consumer-facing financial services.
The research conducted two pilot projects: asking GPT models to generate simplified definitions of complex financial terms, tailored to specific reading ages and supported by examples; and comparing the effectiveness of consumer guidance on cash savings queries generated by LLMs with responses under a traditional website FAQ format.
The key findings were as follows:

While LLMs have strong potential to simplify complex information, enhance readability and accessibility, validating their outputs requires a robust evaluation framework that combines human judgment with automation.
LLM effectiveness is dependent on context – outcomes like user comprehension and engagement were influenced by how the model was embedded within the customer journey, including design and delivery.
There is a strong appetite for AI-drive assistance, with many users responding positively to automated support.

The FCA has also published an engagement paper which outlines proposals for live AI model testing pilots.

Treasury publishes BNPL legislation

The Government has finally published its response to its consultations on regulation of buy-now-pay-later products and services and laid the necessary legislation before Parliament.
The Government had already decided that the BNPL products that should no longer benefit from the article 60F(2) RAO exemption would be those offered by third-party providers – so that those offered by merchants would continue to benefit so long as the products met the conditions of the article. It subsequently consulted on the draft legislation it had drafted to achieve the changes.
However, in response to the draft consultation, it received many representations that allowing merchants to carry on using the exemption created an unlevel playing field, and particularly expressing concerns that large tech and e-commerce platforms would start offering BNPL agreements on a similar scale to third-party lenders. The Government acknowledges this risk but says it is important that low-risk everyday transactions should continue to be within the exemption.� It will monitor developments and respond it if sees any significant change or potential consumer harm.
The Government also intends to proceed with its proposals:

to disapply the CCA information disclosure requirements to BNPL products, so that the FCA can draft its own bespoke rules;
to retain the possibility for the court to make time orders where appropriate; and
to exempt most merchants from the need to become authorised credit brokers in order to promote BNPL products; and
urgently to put in place a temporary permissions regime for firms needing authorisation.

Once the enabling legislation is made, the FCA will then have 12 months to draft, consult on and finalise its rules, and regulation will start from mid-2026. The FCA will consult soon on its rules and will, in its consultation, set out its timescales.

Government consults on CCA reform

The Government is consulting on how it will take forward reform of the CCA. It has decided to split the reform into 2 phases. The first phase covers information requirements, sanctions and criminal offences. on...

FCA publishes 2024 Financial Lives survey

The FCA has published findings from its 2024 Financial Lives survey. Key findings from the latest report include: 1 in 10 people have no cash savings at all, and another 21% have less than £1,000 to draw on in an...

FCA speaks on mortgage reform

Emad Aladhal, FCA director of retail banking, spoke of the challenges people face in getting onto the mortgage ladder. He discussed the FCA’s priority of making the mortgage market more accessible while keeping it safe and resilient.
He discussed the importance of being able to get a mortgage – especially because average mortgage payments are currently 20% lower than rental costs, and renting in retirement could cost �400,000 more than owning a home.
He also said the markets and regulation need to support existing borrowers, especially as lending into later life is becoming the norm.
Speaking to the Building Societies Association, he said the reforms the FCA is looking to deliver will take a collective effort between lenders, regulators, Government, developers and others.

FCA updates AR data

The FCA has updated its website with details on the appointed representatives population and activity. There are currently around 34,000 active ARs and around 2,500 principals – both figures showing a slight...

FOS publishes half yearly complaints data

The FOS has published its complaints data for the period July to December 2024. Key statistics include: an increase of nearly 50% in new complaints compared to the same period in 2023 (141,000 new complaints) –...

FCA updates Regulatory Initiatives Grid

The updated Regulatory Initiatives Grid highlights many initiatives for various regulators relevant to the financial markets, including: during 2025: further action plan on FCA requirements in light of Consumer Duty...

Treasury and FCA hold perimeter meeting

HM Treasury and the FCA have held their fourth annual meeting on issues relating to the regulatory perimeter. The meeting noted the government’s strong commitment to the FCA’s secondary competitiveness and...

FCA publishes work programme 2025-6

The FCA has published its work programme for 2025-26, which builds on the 4 priority areas in its 5 year plan. Specific initiatives additional to those set out in the 5 year plan (which we summarised in this article)...

Regulators consult on mortgage lending threshold raise

The PRA and the FCA are consulting on amendments to the PRA Rulebook and the FCA Guidance on the de minimis threshold for the Loan to Income flow limit in mortgage lending.
The Financial Policy Committee has recommended increasing the volume of mortgages that a lender needs to make to trigger the LTI flow limit, from �100m to �150m per 4 rolling quarters. The PRA Rules and FCA guidance need to be updated to reflect this. The change would address inadvertent regulatory tightening that would bring more lenders within the rules if the thresholds stayed unchanged.
Consultation closes on 8 May – the consultation period is short because of the narrow scope of the change.

FCA updates on motor finance complaints

FCA has further updated its page containing guidance on the handling of motor finance complaints to include the link to its submission to the Supreme Court. It had previously updated its guidance in the light of the...

FCA gives more detail on rule streamlining

Alongside its action plan, the FCA has published details of its “Consumer Duty rule review“.  It has released a feedback statement following its call for input last year when it asked firms to tell it how...

FCA publishes 5 year strategy

The FCA has launched its much-trailed 5 year strategy. It will focus on 4 priorities: being a smarter regulator; supporting sustained economic growth; helping consumers to navigate their financial lives; and fighting...

Chancellor unveils more red tape cutting

The Chancellor has unveiled more detail of the plans to cut the administrative cost of regulation on business, at a meeting attended by, among others, the PRA, FCA and ICO. The plans are wide ranging across all areas of...

Mortgage stats show rises all round

The latest statistics on mortgage lending for Q4 2024 from the MLAR submitted to the FCA show: the highest stock of outstanding mortgage loans since reporting began in 2007 (£1,678.2 bn); a 4.9% increase in the value of...

FOS reports huge rise in cases

The FOS’ complaints data for Q4 2024 shows a rise of 40% in complaints over the same period last year.  It received more than 68,000 complaints – which was in fact slightly less than the number it received...

Treasury acts to encourage more mortgages

The Treasury has committed to a new mortgage guarantee scheme and urged the FCA to carry out an “ambitious and rapid” review of its mortgage rules – both with the aim of allowing more people to take...

FCA confirms pause on non-DCA complaints

The FCA has confirmed new temporary rules for handling motor finance non-DCA commission complaints, that broadly mirror those already in place for DCA commission related complaints. Firms will not have to provide a...

FOS updates on motor finance complaints

The FOS has updated its website to reflect the High Court judgment on DCAs that went in FOS’ favour. It says it is carefully considering what the judgment means for other similar cases in its current workload. The...

High Court backs FOS on DCA complaint

The High Court has dismissed all 3 grounds of appeal brought by a lender under a discretionary commission arrangement (DCA) for motor finance, following a FOS decision to uphold a customer complaint. The grounds of...

FCA updates perimeter report

The FCA has updated its Perimeter Report. The report highlights the FCA’s remit and powers, including the new Designated Activities Regime, and then lists the key areas of harm linked to the perimeter and some key...

FOS notes huge increase in complaints

The latest figures from the FOS show complaints have increased by over 50%, with record increases in complaints about frauds and scams, current accounts and credit cards. The FOS also noted in particular an increasing...

FCA publishes Q3 fin proms data

The FCA has published its financial promotions data for Q3 2024 on its actions against firms breaching financial promotion rules, and referrals and investigations into unregulated activity. During the period: 10,593...

FOS warns on lack of understanding of s75

The FOS has said that failing to understand the rules around claims under s75 CCA can affect consumers’ chances of getting their money back. Its guidance debunks several myths: that s75 only helps if the purchase...

Latest complaints figures show huge rise

The FOS has published the complaints figures for the first half of 2024. The figures show a rise of over 40% compared to the same period last year, with over 130,000 complaints being received. The increases, and year on...

Treasury consults on BNPL

Treasury has published the long-awaited consultation on BNPL. The Government has decided largely to follow the policy decision that the previous Government seemed on the cusp of making – that is that all...

FCA updates regulatory initiatives grid

The FCA has published an interim update on its Regulatory Initiatives Grid. It had postponed the scheduled 8th edition because of the election and says that the replanning required as a result means that there...

FOS publishes quarterly data

FOS has published complaints data covering Q1 2024/5 (April – June 2024). Highlights include: over 76,000 new complaints – an increase of 70% from the same period last year; credit cards were the most...

FCA publishes Q2 fin proms data

The FCA has published its financial promotions data for Q2 2024 on its actions against firms breaching financial promotion rules, and referrals and investigations into unregulated activity. During the period: 3,273...

Unauthorised mortgage broker to pay £4m

The FCA has secured an order of £4m in the High Court against two firms under the directorship of one individual, which respectively arranged mortgages and bought properties and rented them back to the sellers. Neither...

Tenet firms enter administration

The Tenet Group Limited is winding down its operations, which has now resulted in two of its hosting firms entering administration. The firms closed to new business at the end of March, and most of their advisers either...

July 4 Election: effect on current Bills?

A general election has been called for 4 July 2024.  Parliament (including the House of Lords) will be dissolved on 30 May 2024.  We are now therefore in the ‘wash-up’ period which will last for only 2 days...

UK Finance calls for help for abuse survivors

UK Finance has published a report looking at the problems that victim-survivors of economic and financial abuse face when they try to regain financial independence. The report notes the 2021 Financial Abuse Code, which...