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Plans to protect shoppers who use Buy Now, Pay Later put forward by the Government – though rules won't come in until 2026

Image of mobile phone with message on it saying: 'Buy Now, Pay Later'
Molly Greeves
Molly Greeves
News & Investigations Reporter
17 October 2024

New rules to protect the millions of shoppers who use Buy Now, Pay Later (BNPL) services have been put forward by the Government today (Thursday 17 October). However, MoneySavingExpert.com (MSE) and its founder Martin Lewis, who have long-campaigned for BNPL regulation, have cautioned users to "be very wary" until the rules take force in 2026.

Millions of people use Buy Now, Pay Later firms, such as Klarna and Clearpay, when shopping online or in store. Managed correctly, they can be a cheap and quick way of accessing credit. But research shows many users aren't aware that if something goes wrong, you face late fees and, increasingly, marks on your credit file.

Nearly a third (29%) of BNPL users who were due to make a payment, borrowed money to repay their instalments, in October 2023, according to research from Citizens Advice. The charity also found that one in five (21% of) BNPL users missed or made a late payment in the 12 months leading up to 30 November 2023, while it saw a 67% increase in people seeking help for BNPL debt over the same period.

Watch Martin's video warning: 'Do you use Buy Now, Pay Later? If you do beware, it's not regulated (yet!)'

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Martin Lewis: Do you use Buy Now Pay Later – if you do beware, it’s not regulated (yet!)

Martin: "Do you use Buy Now, Pay Later? If you do, beware, because it is not regulated yet. Though we've had news out today that that is about to change. I'm Martin Lewis from MoneySavingExpert.com. Now, Buy Now, Pay Later has become near ubiquitous at online checkouts. You're given the option to spread the purchase over three months interest-free. It's almost sold and seen as a lifestyle choice, but it isn't.

"It is a debt. And it is the fastest growing form of major debt in the UK. No surprise. Now, many people, me included, have been campaigning for regulation to make sure that consumers are properly protected for a number of years. We thought it was going to happen with the last Government – because they said it would. They did all the consultations that were needed to get it going, and then suddenly… [Martin whistles.] Nothing. Tumbleweed. Silence.

"So I was very pleased today to get a call from Rachel Reeves, the new Chancellor, to tell me that they are going to start the process of regulating it. But with the consultations and things that are needed, it will not be coming in until January 2026. So right now, and this Christmas, there is no regulation in place.

"So I wanted to use this video to explain to you some of the pros and cons of actually using Buy Now, Pay Later. I’m not in principle against it at all. I mean, it's a form of debt, and if you need it for a planned, budgeted, one-off, necessary purchase, like you need a plumber, or you need your car to be repaired, then being able to spread the cost over three months with no interest whatsoever is very useful. And I know many people use it and have no problems.

"My concern is often the way it's marketed and what it's used for. Why do they have Buy Now, Pay Later on some takeaways? You should not be getting into debt to get yourself a takeaway. That is a slippery slope that can lead to a debt spiral. And the real problem with Buy Now, Pay Later is if it is used willy-nilly, because there are few affordability checks and people rack up multiple debts and multiple payments are needed at the same time.

"The result of that is it can lead to debt collectors and busted credit scores that can have an impact on you for years, including potentially stopping you getting a future mortgage. Now, there is data available from [charity] Citizens Advice from a report it did at the beginning of 2024 – so not that long ago – that almost a third (29%) of Buy Now, Pay Later users who were due to make a payment in a previous month borrowed money to repay their instalments, meaning the initial debt is only leading to more debt. That's quite worrying.

"And 67%, they had a 67% increase in the people seeking help from Citizens Advice due to Buy Now, Pay Later debt in 2023. Now, regulation should help that. It'll mean that the firms must make it plain that it's a debt and the consequences of not being able to repay it. The marketing must be clearer. The fairness rules that apply to other forms of debt must be put in place, and affordability checks must be put in place too.

"And, crucially, most important for me – the thing my campaigning focused on – is if you have a problem with a Buy Now, Pay Later company, you will have a right to go to the free Financial Ombudsman Service so that it can adjudicate and, if necessary, it can rule that they must put it right, whether that's fixing your credit file or whether that's giving you recompense.

"And that is a necessary right that these companies, whatever the debt is, all forms of debt, and especially with debt as well as other finance, because debt is so pernicious and dangerous if it goes wrong. But these companies have to obey fairness rules and the Consumer Duty that's in place if something goes wrong.

"But: right now it is not regulated. So it is very important that if you're going to get Buy Now, Pay Later debt now, you are wary and you think carefully if you need it. Because if something goes wrong and you're in dispute with one of those companies, there is nowhere you can escalate it to."

BNPL to be regulated – here's what it means for shoppers

Key changes put forward in the Government's proposals include BNPL providers needing to:

  • Give clear and accessible information about the risks involved. This should enable you to make fully informed decisions before using BNPL services.

  • Run affordability checks on shoppers. Firms will have to check that you can afford to make repayments.

  • Give powerful Section 75 protection on purchases made using BNPL. This would apply to items costing over £100 but not more than £30,000, as it does for credit cards currently. It means the BNPL provider will be jointly liable with the retailer if anything goes wrong.

  • Allow users to take complaints to the Financial Ombudsman Service. If you complain to a BNPL firm and don't get anywhere, you'll be able to escalate your complaint to the independent arbitrator, which can officially determine whether you've been treated fairly. This should make it easier to get a refund if you're entitled to one.

A consultation on the protection has been launched today and is set to close on Tuesday 29 November. However, the rules won't take force until 2026.

Martin: 'The fact it's never been regulated is a travesty'

Martin Lewis
Martin Lewis
MSE founder & chair

Martin Lewis, founder of MoneySavingExpert.com, said: Buy Now, Pay Later is now ubiquitous at online checkouts, so the fact it's never been regulated is a travesty I and others have long campaigned on. The last Chancellor promised to regulate, then the tumbleweed rolled as he went silent, so I am delighted the new Government has quickly restarted the process.

BNPL can be useful, allowing those who need to spread payments for a budgeted, necessary purchase like a plumber to do it interest-free. Yet it's been sold as a lifestyle choice, not a debt, and pushed for instinct buys or even takeaways. Too many are in trouble with multiple BNPL repayments, leading to debt-chasing and credit file damage.

Regulation will mean firms must be overt that it's a debt, have proper affordability rules, and will crucially let people go to the ombudsman if things go wrong. Yet it’s not coming in until 2026, so people should still be very wary until then.

Martin and MSE have long called for urgent regulation

Martin and MSE, alongside other campaigners, have long called for the "explosive" BNPL market to be regulated. In February 2021, the previous Government announced that regulation would be implemented. However, despite renewed calls for action from Martin and MSE, alongside others, the last Government never put the regulation in place.

Commenting on today's news, Stella Creasy MP, who has also called for BNPL regulation, said: "With Christmas on the horizon, regulation cannot come a moment too soon. Without it, my constituents are still better protected from being ripped off by paying using a credit card or even a payday loan, so it's critical when the consultation ends this happens as quickly as possible."

To read more about our calls for regulation, see our BNPL Campaigns blog. For more on using BNPL schemes responsibly, see our Buy now, pay later guide.

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Buy now, pay later plans put forward by the Government

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