Question to the HM Treasury:

To ask His Majesty's Government, further to the Written Answer by Baroness Vere of Norbiton on 30 November 2023 (HL457), what assessment they have made of whether the Financial conduct Authority can have confidence that lenders are correctly charging the advertised Annual Percentage Rates (APR) if they do not undertake spot checks.

The Consumer Credit Act 1974 (CCA) forms a key part of the regulation of the consumer credit market. Under the CCA’s pre-contractual requirements, firms are required to state clearly the actual (rather than representative) APR in credit agreements.

The Financial Conduct Authority (FCA) has a range of supervisory tools to identify non-compliance with relevant rules, including proactive assessments, responding to reports and complaints, and conducting thematic reviews of particular sectors. As an independent regulator, it is for the FCA to make decisions on how it supervises firms and enforces its rules.

More broadly, the government is committed to working with the FCA to deliver a well-functioning and sustainable consumer credit market which meets consumers’ needs. As part of this, the government is reforming the CCA. Working closely with the FCA, it will be considering how reform can enhance consumer understanding of credit products and credit agreements, leading to improved customer outcomes.