{"id":11180,"date":"2023-06-23T10:34:02","date_gmt":"2023-06-23T10:34:02","guid":{"rendered":"https:\/\/www.theukrules.co.uk\/?page_id=11180"},"modified":"2023-06-23T10:56:35","modified_gmt":"2023-06-23T10:56:35","slug":"offering-credit-to-consumers","status":"publish","type":"page","link":"https:\/\/www.theukrules.co.uk\/rules\/business\/sale-of-goods-and-services\/offering-credit-to-consumers\/","title":{"rendered":"Offering Credit to Consumers UK Rules and Regulations"},"content":{"rendered":"
There may be situations where you want to offer a credit facility to your customers. In this case, you must be authorised by the Financial Conduct Authority.<\/p>\n
Offering credit to consumers without FCA registration is a criminal offence. The worst cases can result in a fine and prosecution – or imprisonment.<\/p>\n
You could also have further difficulties if a customer fails to make the required payments (details below).<\/p>\n
Note<\/strong>: You would not be able to enforce this type of agreement if you did not have Financial Conduct Authority (FCA) authorisation.<\/p>\n <\/p>\n <\/p>\n Your business would need to meet minimum standards to get FCA authorisation to offer credit to your customers. It would need to have a suitable business model and show that ‘fit and proper’ people are running the firm.<\/p>\n There would be extra rules to follow on how you run your business and treat your customers, such as:<\/p>\n You would not need a licence if the customer will pay in four (4) or less instalments and within one (1) year of the date of sale.<\/p>\n An example would be making a daily supply (e.g. milk or newspapers). In this case, you could collect the payment at the end of the month.<\/p>\n Note<\/strong>: The Financial Conduct Authority provides a checklist of the main things you need to do before applying for consumer credit authorisation<\/a>.<\/p>\n<\/p><\/div>\n The list of things you need consumer credit authorisation for is concise. You would need to check if they would apply to the proposed business of your firm.<\/p>\n Common regulated consumer credit activities that you need to get FCA authorisation to carry out, include:<\/p>\n Note<\/strong>: All businesses that offer credit or financing to customers (not only credit specialist companies) must have FCA authorisation. This rule also applies to non-profit organisations.<\/p>\n<\/p><\/div>\n<\/div>\n What action is available if a customer fails to make the required payments? In this case, you would need to send them a notice of default before taking any legal action. You would then be able to take court action<\/a> to enforce the agreement.<\/p>\n You would only be able to make a default charge or debt collection costs to the customer if the original agreement included this particular right.<\/p>\n You may decide to use a debt collection agency or pursue the debt yourself. But, using improper debt collection practices means you could lose your consumer credit licence. Thus, the regulations do not allow you to:<\/p>\n As a rule, there would be no need to have authorisation if your business only offers credit to other businesses. An exception would apply if the customer is:<\/p>\n In most cases, providing credit to these types of customers would mean you need to be FCA authorised.<\/p>\n<\/p><\/div>\n<\/div>\n <\/p>\n <\/p>\n
\nFCA Rules You Must Follow<\/h5>\n
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FCA Consumer Credit Authorisation<\/h5>\n
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If a Customer Fails to Pay the Required Amount<\/h5>\n
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Business to Business Lending Regulation UK<\/h5>\n
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