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Car loan scandal payouts row - what's it about? | |
(7 days later) | |
People mis-sold finance agreements when buying cars could wait months for a decision on whether they should receive compensation. | People mis-sold finance agreements when buying cars could wait months for a decision on whether they should receive compensation. |
A decision by judges at the Court of Appeal has blown open an ongoing saga into hidden commission payments, with buyers possibly in line for payouts totalling billions of pounds. | A decision by judges at the Court of Appeal has blown open an ongoing saga into hidden commission payments, with buyers possibly in line for payouts totalling billions of pounds. |
But the higher Supreme Court has now agreed to hear an appeal against the decision. | But the higher Supreme Court has now agreed to hear an appeal against the decision. |
The Financial Conduct Authority (FCA) has also allowed motor finance providers extra time to deal with complaints. | |
Lawyers acting for motorists say this could further delay compensation which should be paid to car buyers who may not have given their informed consent for the commission payments. | Lawyers acting for motorists say this could further delay compensation which should be paid to car buyers who may not have given their informed consent for the commission payments. |
Who may be in line for payouts? | Who may be in line for payouts? |
The vast majority of new cars, and many second-hand ones, are bought with finance agreements. | The vast majority of new cars, and many second-hand ones, are bought with finance agreements. |
About two million are sold this way each year, with customers paying an initial deposit, then a monthly fee with interest for the vehicle. | About two million are sold this way each year, with customers paying an initial deposit, then a monthly fee with interest for the vehicle. |
In a complicated, and long-running, series of developments, many of these agreements have come under scrutiny. | In a complicated, and long-running, series of developments, many of these agreements have come under scrutiny. |
In 2021, the FCA banned deals in which the dealer received a commission from the lender, based on the interest rate charged to the customer. It said this provided an incentive for a buyer to be charged a higher-than-necessary interest rate. | In 2021, the FCA banned deals in which the dealer received a commission from the lender, based on the interest rate charged to the customer. It said this provided an incentive for a buyer to be charged a higher-than-necessary interest rate. |
Since January, it has been considering whether compensation should be paid to people with these deals before 2021. | Since January, it has been considering whether compensation should be paid to people with these deals before 2021. |
That has created the prospect of banks and other lenders having to make payouts totalling millions of pounds. | That has created the prospect of banks and other lenders having to make payouts totalling millions of pounds. |
Last month, a decision at the Court of Appeal broadened the net of those who could receive compensation, potentially increasing the lenders' final bill to billions of pounds. | Last month, a decision at the Court of Appeal broadened the net of those who could receive compensation, potentially increasing the lenders' final bill to billions of pounds. |
Why was the judges' decision so important? | Why was the judges' decision so important? |
While the initial investigations surrounded discretionary commission arrangements, which were banned in 2021, the Court of Appeal decision widened the scope to any car finance commissions. | While the initial investigations surrounded discretionary commission arrangements, which were banned in 2021, the Court of Appeal decision widened the scope to any car finance commissions. |
The three judges unanimously agreed that it would be illegal for the lender to pay any commission to the dealer without the informed consent of the buyer. | The three judges unanimously agreed that it would be illegal for the lender to pay any commission to the dealer without the informed consent of the buyer. |
In other words, customers should be clearly told how much commission would be paid, and agree to it, without those details being buried in the terms and conditions of the loan. | In other words, customers should be clearly told how much commission would be paid, and agree to it, without those details being buried in the terms and conditions of the loan. |
The test case involved Marcus Johnson, 34, who bought a Suzuki Swift | The test case involved Marcus Johnson, 34, who bought a Suzuki Swift |
The hearing included the test case of Marcus Johnson, 34, from Cwmbran, Torfaen, who bought his first car - a Suzuki Swift - in 2017. | The hearing included the test case of Marcus Johnson, 34, from Cwmbran, Torfaen, who bought his first car - a Suzuki Swift - in 2017. |
He was not informed the car dealership was being paid 25% commission, which was added on to what he had to pay back. | He was not informed the car dealership was being paid 25% commission, which was added on to what he had to pay back. |
"I signed a few documents and then drove away in the car," he told the BBC. | "I signed a few documents and then drove away in the car," he told the BBC. |
He said he had no option but to use finance when he bought the car, describing it as "heartbreaking" to find out so much extra money had been taken. | He said he had no option but to use finance when he bought the car, describing it as "heartbreaking" to find out so much extra money had been taken. |
"Someone in my situation at that time, not being able to buy that kind of age car with cash, you would use finance," he said. | "Someone in my situation at that time, not being able to buy that kind of age car with cash, you would use finance," he said. |
Following the judges decision in his - and two other car buyers' - favour, banks have set aside millions of pounds for potential compensation. Other lenders have temporarily paused any new deals. | Following the judges decision in his - and two other car buyers' - favour, banks have set aside millions of pounds for potential compensation. Other lenders have temporarily paused any new deals. |
It's thought the total cost of compensation could reach £25bn, according to analysts. | It's thought the total cost of compensation could reach £25bn, according to analysts. |
How has the regulator responded? | How has the regulator responded? |
The FCA said that the decision could lead to dealers and motor finance providers receiving a deluge of new complaints, and it is urging people to make a claim, external if they feel they were the victims of mis-selling. | |
Some could come from people previously told they had no claim for compensation because they did not have a discretionary commission arrangement. | Some could come from people previously told they had no claim for compensation because they did not have a discretionary commission arrangement. |
The regulator has extended the time providers have to consider complaints until December 2025, aligning the deadline for firms to deal with discretionary and non-discretionary arrangement complaints. | |
The time period covers claims regarding leasing deals, as well as Personal Contract Purchase (PCP) agreements. | |
The FCA also wants the Supreme Court to make a quick decision when it reconsiders the Court of Appeal's ruling. | |
It wants an orderly compensation system, if it comes to that. | It wants an orderly compensation system, if it comes to that. |
The Finance and Leasing Association, the trade body for motor finance providers, welcomed the extension. | |
However, others have questioned whether it creates a further compensation delay for those who were mis-sold these agreements. | However, others have questioned whether it creates a further compensation delay for those who were mis-sold these agreements. |
Get in touch | Get in touch |
Have you been turned down for compensation relating to a car finance deal? Share your experiences. | Have you been turned down for compensation relating to a car finance deal? Share your experiences. |