The Home Credit Market Investigation Order of 2007, established under the Enterprise Act 2002, has been a cornerstone of consumer protection in the UK’s home credit sector.
In 2024, the Competition and Markets Authority (CMA) concluded a significant review of Part 3, Article 29, and Part 1 of Schedule 4 of this order, resulting in its variation on 20 November 2024.
As experts in competition law, The Competition Lawyers provide a comprehensive overview of this review, its implications, and how stakeholders can respond to these changes.
The Home Credit Market Investigation Order, reportedly enacted following a 2006 Competition Commission investigation, introduced measures to enhance price transparency, improve early repayment terms, and enable customers to access alternative loans. Specifically, Part 3, Article 29, and Part 1 of Schedule 4 reportedly required large lenders to share customer data with at least two of the three main credit reference agencies (Experian, CallCredit, and Equifax) and mandated all lenders to list loan products on www.lenderscompared.org.uk.
The CMA’s review, launched on 28 February 2024, assessed whether these provisions remained appropriate given changes in market conditions. The review culminated in a final decision to revoke these parts of the order, citing that they were no longer necessary due to evolved market dynamics and alternative regulatory frameworks.
The revocation of these provisions within the Home Credit Market Investigation Order marks a significant shift in the home credit landscape. For consumers, the removal of mandatory data sharing with credit reference agencies could impact access to credit, as lenders may rely on alternative data sources, potentially affecting loan affordability assessments. Similarly, the discontinuation of the www.lenderscompared.org.uk requirement may reduce transparency, making it harder for consumers to compare loan options.
For lenders, the variation seemingly alleviates certain compliance burdens, allowing greater flexibility in how they manage customer data and market their products. However, this can also place a greater responsibility on lenders to maintain fair practices under existing consumer protection laws, such as the Consumer Credit Act. The Competition Lawyers note that this change reflects the CMA’s assessment that market conditions have evolved, with digital platforms and regulatory oversight by the Financial Conduct Authority (FCA) providing sufficient consumer protections.
The Competition Lawyers specialise in navigating complex regulatory changes like those affecting the Home Credit Market Investigation Order. The CMA’s review process, which included consultations from July to October 2024, underscores the importance of stakeholder input in shaping fair outcomes. It is important to know your interests in similar future reviews or regulatory proceedings.
The variation of the Home Credit Market Investigation Order signals a new era for the home credit market, with significant implications for both consumers and lenders.
Whether you are a lender seeking to adapt to new compliance requirements or a consumer group advocating for fair access to credit, it is important to understand the need for strategic support.
The content of this post/page was considered accurate at the time of the original posting and/or at the time of any posted revision. The content of this page may, therefore, be out of date. The information contained within this page does not constitute legal advice. Any reliance you place on the information contained within this page is done so at your own risk.
Why we do this is simple - we firmly believe that everyone should be entitled to access to justice when they need it.
We back our promises up in writing, and law firms are stringently regulated so you can rest assured that you are in safe hands.