Prawo bankowe i finansowe
Regulacje FCA, kredyt konsumencki, usługi finansowe i przeciwdziałanie praniu pieniędzy.
Wprowadzenie
Prawo bankowe reguluje instytucje finansowe, usługi kredytowe i przeciwdziałanie praniu pieniędzy.
In Brief
All firms providing financial services in the UK must be authorised by the FCA or PRA. If you have a complaint about a bank or financial firm — including mis-sold products or unauthorised transactions — complain to the firm first. If unresolved within 8 weeks, you can escalate for free to the Financial Ombudsman Service. Deposits up to £85,000 per institution are protected by the FSCS if a bank fails.
Podstawowe zasady
Authorisation — Firms carrying on regulated activities must be authorised by the FCA or PRA (FSMA 2000, s.19). Carrying on regulated activities without authorisation is a criminal offence.
Consumer Credit — The Consumer Credit Act 1974 regulates credit agreements, hire agreements, and ancillary credit businesses. It requires proper execution of agreements and provides cancellation and early settlement rights.
Duty of Care — Banks owe duties to customers in contract, tort, and under regulatory rules. The FCA Handbook sets detailed conduct-of-business requirements.
Anti-Money Laundering — The Proceeds of Crime Act 2002 and Money Laundering Regulations 2017 impose obligations on financial institutions to identify and report suspicious activity.
Payment Services — The Payment Services Regulations 2017 regulate payment service providers, require transparency, and provide consumer protection for unauthorised transactions.
Financial Promotions — s.21 FSMA 2000 restricts the communication of financial promotions to or by authorised persons. Breach is a criminal offence.
Market Abuse — The Market Abuse Regulation (retained EU law) prohibits insider dealing, unlawful disclosure of inside information, and market manipulation.
Mortgage Regulation — The FCA regulates mortgage lending under the Mortgages and Home Finance order. Responsible lending and affordability assessments are mandatory.
Kluczowe ustawy
Wiodące orzeczenia
Foley v Hill
(1848) 2 HL Cas 28
Barclays Bank v O'Brien
[1994] 1 AC 180
Typowe scenariusze
Unauthorised transaction on your bank account
Under the Payment Services Regulations 2017, the bank must refund unauthorised transactions immediately unless the customer acted fraudulently or with gross negligence. The bank bears the burden of proving customer fault.
Mis-sold payment protection insurance (PPI)
Where PPI was sold without adequate information, or to someone who could not claim on it, the sale may have been in breach of FCA conduct-of-business rules, giving rise to a right to compensation.
Suspicious activity reporting
Under the Proceeds of Crime Act 2002, a bank employee who suspects money laundering must make a Suspicious Activity Report (SAR) to the NCA. Failure to report is a criminal offence. 'Tipping off' the customer is also an offence.
Related Careers
Frequently Asked Questions
Can my bank refuse to open an account for me?
Banks are not obliged to open accounts for any customer and can refuse without giving reasons. However, providers of basic bank accounts (payment accounts) under the Payment Accounts Regulations 2015 are required to offer basic services to consumers who are legally resident in the EU/UK. Discrimination on protected characteristics grounds is prohibited under the Equality Act 2010.
What protection do I have if my bank is mis-selling products?
If a bank mis-sells a financial product (e.g. investment, mortgage, insurance), complain to the bank first. If unresolved after 8 weeks, refer to the Financial Ombudsman Service (FOS), which can award up to £415,000 per complaint. If the bank is insolvent, the Financial Services Compensation Scheme (FSCS) covers deposits up to £85,000 per person per institution.
What is the FCA's Consumer Duty?
The FCA's Consumer Duty (effective July 2023) requires financial firms to act to deliver good outcomes for retail customers. Firms must ensure customers receive communications they understand, products and services meet their needs, they receive adequate support, and the price they pay represents fair value. It applies across the full customer lifecycle.
What is Section 75 of the Consumer Credit Act?
Under s.75 Consumer Credit Act 1974, if you pay for goods or services worth between £100 and £30,000 using a credit card, the credit card company is jointly liable with the supplier for any breach of contract or misrepresentation. This means you can claim against the card company if the supplier fails to deliver, goes bust, or misrepresents what you are buying.
Important Deadlines
Typical Costs
Official Resources
What To Do Next
Step-by-Step Guides
Know Your Rights
Common Scenarios
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