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Supreme Court to decide if millions of car finance customers are owed compensation

Supreme Court to decide if millions of car finance customers are owed compensation

STV News2 days ago
The Supreme Court is to reveal its decision in a landmark case on mis-sold car loans that could see the industry face a multi-billion-pound compensation bill.
Some car dealers were getting bigger commissions when they signed buyers to higher interest rate deals, known as 'discretionary commissions'.
Last year, the Court of Appeal ruled that these undisclosed commissions were unlawful.
On Friday afternoon, the UK's highest court will give a judgement affecting millions of car buyers, in what could be the biggest consumer compensation case since PPI.
The payment protection insurance (PPI) scandal saw people sold insurance they had not asked for or did not need on a wide scale.
In January 2021, the Financial Conduct Authority banned motor loan commissions that increased when customers paid more interest.
Friday's judgement is in response to an appeal brought by lenders who say they applied rules that existed at the time.
If the UK's Financial Conduct Authority concludes that customers have lost out from widespread failings by firms, it could set up an industry-wide redress scheme.
It's estimated 31 million car loan agreements are affected with potential compensation up to £30bn.
The Financial Conduct Authority estimates 99% of finance deals had a commission model, and 40% had the 'discretionary commission arrangements' or DCAs.
The issues affect those who bought any kind of vehicle on finance before January 28, 2021. This includes hire purchase and PCP (Personal Contract Purchases) schemes.
Any compensation scheme is likely to apply to deals taken out after April 6, 2007, when the Financial Ombudsman took over jurisdiction of motor finance complaints.
Money Saving Expert Martin Lewis has said there's no need to use a claims management firm to log a complaint if you think you've affected by DCAs. Such a firm is likely to take a cut of any money you're due.
You can use Money Saving Expert's free tool to ask if you had a DCA and log a complaint.
Lloyds Banking Group was the first UK bank to set aside millions of pounds in preparation.
The bank was exposed through its Black Horse business, which offers finance for new and used vehicles through 4,500 dealers across the UK.
The bank has said it has put aside £1.2bn to cover potential costs and compensation.
Santander said it had put aside £295m as a provision to cover potential payouts as well as legal costs.
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How drivers were sold a car finance compensation fantasy
How drivers were sold a car finance compensation fantasy

Times

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Britain has narrowly avoided a costly car finance compensation free-for-all after a landmark court ruling derailed chances of a payout for millions of drivers. Claims lawyers had been bombarding consumers with adverts suggesting they may have been entitled to thousands of pounds in a scandal over hidden commission on car finance deals. The scandal had been expected to rival the mis-selling of payment protection insurance, which cost banks more than £38 billion. It was thought that nearly 15 million drivers could be entitled to payouts worth as much as £44 billion in total — although Friday's Supreme Court ruling means the numbers are set to be far smaller. Questions have now been raised over whether those using car finance really lost out and how many of them deserve compensation at all. The chancellor, Rachel Reeves, had tried to intervene ahead of the ruling — arguing that a colossal compensation bill for the industry would damage the economy and consumers. The Supreme Court ruled on three cases where consumers bought cars on finance and argued that they had been treated unfairly because they had not been told about commission involved in their deals — which ranged from £183 to £1,651. The court rejected two of the three cases, but upheld a complaint by Marcus Johnson, a factory worker from south Wales — because in his case the £1,651 commission in his loan was 55 per cent of the fee (including interest) on his loan over five years. 'The fact that the undisclosed commission was so high is a powerful indication that the relationship between Mr Johnson and the lender was unfair,' the court's judgment said. It leaves the door open to claims for compensation on deals that contained large amounts of commission, or where the commission model influenced what they paid. 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