Open Banking

A mortgage lender must communicate clearly and promptly with a customer seeking redemption, setting out in sufficient detail what documentation is required to meet regulatory requirements.

Lenders must complete reasonable and proportionate affordability checks to ensure borrowers can repay debt sustainably, with the nature of checks varying based on credit amount, term, costs, and individual circumstances.

A CIFAS fraud marker requires clear, rigorous evidence of identified fraud, not merely suspicion, and the account holder must be given an opportunity to explain their conduct before the marker is lodged.

A bank's gambling block functionality is limited to debit card transactions with regulated UK gambling merchants identified by specific MCC codes, and the bank cannot be held responsible for gambling transactions using alternative payment m

A civil dispute between a consumer and a payee over non-delivery or defective goods/services is not covered under the Faster Payment Scheme Reimbursement Rules, which only cover APP scams involving fraudulent deception.

A recipient bank is not required to intervene in account transactions unless there is clear indication of suspicious activity, and payment recalls must be processed according to standard banking procedures without assumption of fraud.

A bank may only register a Cifas fraud marker if it has clear, relevant, and rigorous evidence showing the account holder was complicit in receiving fraudulent funds, not merely that they were unwitting.

A bank may fairly load a negative fraud marker on the National Fraud Database only if it has clear, relevant and rigorous evidence that financial crime was committed and the account holder was complicit in receiving the fraudulent funds.

A bank may vary account terms and introduce fees where the account terms and conditions permit such changes and adequate notice is provided, even if marketing materials previously referenced free banking.

A financial services provider is only liable for scam losses if they failed to intervene where reasonably expected and but for that failure the loss would have been avoided.

A firm may apply automated fraud prevention systems consistently across its customer base to delay high-value payments to new beneficiaries, even for genuine transactions, provided this is disclosed in its terms and conditions.

A lender acts responsibly if it conducts reasonable and proportionate affordability checks before lending, considering the borrower's income, existing commitments, and ability to sustain repayment.

A bank is not required to intervene on sporadic gambling activity where accounts remain in credit and the customer is aware of available gambling blocks, unless activity reaches a level that should reasonably trigger concern.

A consumer must provide sufficient evidence to establish they were the victim of a scam before a payment service provider can be held liable for failing to prevent or refund losses from that scam.

Where evidence is contradictory, decisions are made on balance of probabilities based on contemporaneous system records rather than recollection.

A bank must take appropriate steps to protect customers from authorised push payment fraud, with the duty to intervene scaling with the risk profile of transactions.

Banks are not required to provide forbearance beyond the built-in Pay As You Grow options for unregulated Bounce Back Loans, and must only agree to affordable repayment arrangements.