Stronger protections for buy now pay later customers come into force

Complaints about BNPL must be in relation to agreements taken out on or after July 15 and be about regulated firms.

Potential BNPL gripes taken to the ombudsman may include whether the lending was affordable and whether the customer understood the agreement.

James Dipple-Johnstone, interim chief ombudsman for the Financial Ombudsman Service (FOS) said: “This is an important step for consumers who use buy now pay later.

“If something goes wrong and they cannot resolve the issue with their provider, they now have access to our free and impartial service.

“As new financial products become part of everyday spending, it is vital that consumer protection keeps pace.

“We have worked closely with the FCA to make sure we are ready to handle these complaints fairly and efficiently and have engaged with firms to ensure they understand our approach.”

In its most recent plans and budget, the Financial Ombudsman Service said it anticipates around 2,000 complaints from buy now pay later users in this financial year.

The FCA’s regulation of BNPL will require lenders to provide clear upfront information about the agreement, including when payments will be due, amounts, and what happens if they miss a payment.

Firms will need to assess consumers’ creditworthiness, including affordability.

They will also need to support consumers in financial difficulty, including pointing them to free debt advice where appropriate.

BNPL agreements may be reported to credit reference agencies, which could potentially mean they are taken into account by some lenders in future lending decisions.

Dimitar Lazarov, head of Credit Karma UK said that while this could help people who typically pay their BNPL loans on time, those who may fall behind on payments should be aware that “it could have an impact on their ability to apply for other products”.

John Webb, head of consumer affairs, Experian UK and Ireland, said people should remember that when they open a new BNPL account, this may be taken into account on credit reports by lenders when they are considering new borrowing applications “such as a loan, credit card or mortgage”.

A spokesperson at BNPL provider Clearpay said it welcomes the regulation, saying it “will help establish a consistent operating environment and clear standards for all providers”.

The spokesperson said: “Millions of consumers rely on BNPL for short-term and interest-free credit to make everyday purchases.

“We will continue to provide our existing safeguards that customers have long valued, including pausing accounts if a single payment is missed and capped late fees.”

A spokesperson for BNPL provider Klarna said: “Klarna’s called for regulation since 2020, so we welcome this moment.

“The FCA’s rules largely formalise what we already do – we run affordability checks, show costs up front and report to credit reference agencies.”

The Klarna spokesperson added: “Robust regulation that gives consumers added confidence and strengthens their access to protections is a good thing.”

Vikki Brownridge, chief executive at StepChange Debt Charity, said: “There’s no doubt that BNPL can be a useful form of credit – especially as it’s usually short-term and interest-free – to spread the cost of a bulky expense.

“However, as with any form of credit, regulation is vital to protect customers if something goes wrong, and ensure people aren’t being offered credit where it’s not affordable – something which will trigger debt problems, as we see all too often.

“Consumers can go on using BNPL in the same way as before, but it’s important to be aware of the new protections.

“If you are finding yourself struggling to keep up with payments, rather than taking on more credit or BNPL agreements, we would always advise seeking free and impartial debt advice to help get back on track.”