FCA publishes PS24/2 confirming final rules to strengthen protections for borrowers in financial difficulty

The Financial Conduct Authority has published final rules that move pandemic-era guidance on supporting borrowers in financial difficulty into its formal rulebook, taking effect on 4 November 2024.

The Financial Conduct Authority (FCA) published PS24/2 on 10 April 2024, confirming final rules to strengthen protections for borrowers in financial difficulty1. The rules incorporate relevant aspects of the regulator's Tailored Support Guidance (TSG) for consumer credit, mortgages and overdrafts into its Handbook, alongside further targeted changes1. The TSG will be withdrawn when the rules come into force on 4 November 20241.

The FCA consulted on the proposals in CP23/13, which opened on 25/05/2023 and closed on 13/07/20231. The policy statement summarises and responds to the feedback received1. The FCA said the changes build on the TSG, introduced during the pandemic, which set out how firms could support customers in financial difficulty, and noted that consumers have since faced increased financial challenges due to the rising cost of living1.

"We confirm our final rules to strengthen protections for borrowers in financial difficulty."
FCA, PS24/21

The FCA said the policy statement will primarily affect a defined set of firms1:

Firm type
Consumer credit lenders, including MCD article 3(1)(b) lenders
Premium finance firms
Mortgage lenders and administrators
Home purchase providers and administrators
Firms carrying out activities in relation to consumer hiring, operating an electronic system in relation to lending (for a borrower under a P2P agreement), or debt collecting
Consumer credit and mortgage lenders in supervised run-off under the financial services contracts regime
Gibraltar-based consumer credit and mortgage lenders passporting into the UK

Alongside the Handbook changes, the FCA updated its non-Handbook guidance FG23/2 to reflect the changes1. The updated FG24/2 will replace FG23/2 with effect from 4 November 20241.

Why it matters for households

The rules apply to firms including consumer credit lenders, mortgage lenders and administrators, and premium finance firms, among others1. For borrowers dealing with those firms, the practical effect is that standards previously set out in the TSG, which the FCA describes as making clear how firms could support customers in financial difficulty, become part of the Handbook from 4 November 2024, when the TSG is withdrawn1. The FCA has not set out in this policy statement the specific rule-by-rule differences that borrowers will notice, and it has not reported new figures on how many customers are expected to be affected.

The changes sit within the wider framework of financial regulation in the UK and the consumer protection rules that apply to firms. The FCA has not reported in this document whether the rules change the availability of any particular forbearance measure, nor any effect on credit files or arrears reporting.

What happens next

The rules come into force on 4 November 2024, and the FCA will withdraw the TSG at the same time1. The updated FG24/2 replaces FG23/2 from the same date1.

Sources1 cited
  1. PS24/2: Strengthening protections for borrowers in financial difficulty: Consumer credit and mortgages | FCA fca.org.uk