Motor finance – Court of Appeal

Published 11 November 2024

The fallout from the Court of Appeal decision continues. Many major motor finance lenders and trade associations, including the CCTA, continue to liaise with the FCA, HM Treasury, the Financial Ombudsman Service (FOS) and legal firms.

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Commissions in motor finance

Published 08 February 2024

In the FCA’s findings, published in March 2019, the regulator found that discretionary commission arrangements (DCAs) meant consumers were paying approximately £300million a year in higher interest rates, generating £165million a year towards commissions for brokers. This was evidence of consumer harm, leading to a consultation with industry on addressing the harm identified by the regulator. The consultation, published in October 2019, proposed to ban discretionary commission models that unnecessarily increased motor finance costs for consumers.

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Commission and disclosure – update

Published 14 February 2023

Earlier in the year we wrote out to all our members with an interest in motor finance about the increased regulatory interest around commission disclosures. I recently had the opportunity to join other trade association representatives in a discussion with the Financial Ombudsman Service (FOS) about issues or sectors that might attract more customer complaints.

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Commissions and disclosures

Published 18 January 2023

Following FCA’s extensive review of the motor finance market, the regulator moved to ban discretionary DiC commission arrangements and apply commission disclosure changes with effect from 28 January 2021. Accordingly, the rules around commissions and disclosures were updated in the FCA’s Consumer Credit Sourcebook (CONC), primarily in CONC 3 and CONC 4. Since then, however, the industry has seen a rise in claims and complaints concerning unfair and/or undisclosed commission arrangements. Motor finance lenders and brokers alike have reported increased claims in this regard, mainly via claims management companies (CMCs) and legal firms.

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