Undisclosed Motor Finance Commissions: Are We Finally Nearing the End?

legal updates

After years of speculation, the FCA signals a possible redress scheme for motor finance commissions—just as the Supreme Court prepares to weigh in.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

I’ve now been writing about undisclosed motor finance commissions for over four years, and last week the Financial Conduct Authority (FCA) issued a statement titled: Key considerations in implementing a possible motor finance consumer redress scheme.

The FCA has given a clear indication that there may be a redress scheme—unsurprising in itself—but the timing of this statement is curious. The Supreme Court has indicated it will deliver its judgment in July 2025, and that decision will undoubtedly have a significant bearing on any redress scheme that might be implemented. This may be more of a PR exercise by the FCA to appear proactive in resolving the issue—an issue arguably caused by their own rules and guidance over previous years.

The FCA stated:
“In March 2025, we said that if, following the outcome of the Supreme Court judgment, we conclude motor finance consumers have lost out, it’s likely that we’ll consult on an industry-wide consumer redress scheme.”

Given the hundreds of firms that have “jumped on the bandwagon” to claim compensation on behalf of consumers, the FCA has taken the positive step of advising people not to use these companies:

“We would aim to make any scheme easy for consumers to understand and participate in, without needing to use a claims management company (CMC) or law firm.
Consumers should be aware that by signing up now with a CMC or law firm, they may end up paying for a service they do not need and having to pay up to 30% in fees out of any award they may receive.”

While we await the Supreme Court’s decision, the FCA has also offered an outline of how a redress scheme might work, making it clear that compensation figures touted by law firms and CMCs are speculative at best.

The key message from the FCA is that they must be fair to consumers who have lost out, while also safeguarding the integrity of the motor finance market going forward.

Rest assured, I will continue to provide updates on any further developments in this space. If you have any questions about how this might affect your business or need support navigating this complex issue, the Lawgistics legal team is here to help.

HaswentWebsites for dealers small and large

Composer is a next-gen automotive platform that has been designed from the ground up to give you an intuitive way to promote your stock. You have extensive stock management options, and you'll gain a brilliantly responsive new website to advertise your stock, starting at just £39.99/month.

John McDougallLegal AdvisorRead More by this author

Related Legal Updates

Is the discretionary commission argument finally coming to an end?

Could this be the final chapter in the finance commission scandal that’s plagued the motor trade for years?

Honest guv, it was a mistake!

It is useful to know that if an employee has made a mistake, it is not that employee who is deemed liable.

Did you know that finance companies and brokers are psychic?

Our advice is don’t be bullied by them. But, that advice comes with a warning too.

Important changes to the FLA Lending Code

Independent used vehicle dealers will be required to become SAF-approved or equivalent by 1 January 2025.

DCA Complaints: The FCA’s Extended Timeline and Ongoing Delays

In short, five years after the original banning of discretionary commission arrangements, the FCA will provide a new approach as to how firms should deal with these matters!

Do I have to reply?

The lender writes to our member for assistance with paperwork, but our member decides to ignore it.

Have motor finance lenders scored an own goal?

A clear admission from two large motor finance lenders that they have no clue as to what their dealer networks are doing.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.