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RNS Number : 1622A Financial Conduct Authority 11 March 2025
STATEMENT ON MOTOR FINANCE REVIEW NEXT STEPS
If motor finance customers have lost out from widespread failings, we are
likely to consult on a redress scheme
We are currently reviewing the past use of motor finance discretionary
commission arrangements (DCAs). We're seeking to understand if firms failed
to comply with requirements relating to DCAs and if consumers lost out as a
result. If they have, we want to make sure consumers are appropriately
compensated in an orderly, consistent and efficient way.
Since we launched our review, a ruling by the Court of Appeal has raised the
possibility of widespread liability among motor finance firms wherever
commissions were not properly disclosed to customers. The Supreme Court will
hear an appeal against the Court of Appeal's judgment on 1 to 3 April. We have
been granted permission to intervene in the case and have filed our submission
with the Court.
We want to provide as much certainty as possible to firms, consumers and
stakeholders. So, we are confirming that if, taking into account the Supreme
Court's decision, we conclude motor finance customers have lost out from
widespread failings by firms, then it's likely we will consult on an
industry-wide redress scheme. We previously said it is more likely than when
we started our review that we will introduce an alternative way of dealing
with complaints.
Under a redress scheme, firms would be responsible for determining whether
customers have lost out due to the firm's failings. If they have, firms would
need to offer appropriate compensation. We would set rules firms must follow
and put checks in place to make sure they do.
A redress scheme would be simpler for consumers than bringing a complaint. We
would expect fewer consumers to rely on a claims management company, meaning
they would keep all of any compensation they receive. It would also be more
orderly and efficient for firms than a complaint led approach, contributing to
a well-functioning market in the future.
Next steps
We are no longer planning a further announcement in May. Instead, we will
confirm within 6 weeks of the Supreme Court's decision if we are proposing a
redress scheme and if so, how we will take it forward.
The Court of Appeal case involved complaints about discretionary and
non-discretionary commission arrangements (non-DCAs). Our next steps on
non-DCA complaints will also be informed by the outcome of the Supreme Court
case.
Depending on the Supreme Court's decision, we may also consult separately on
changes to our rules.
Throughout our work, we will continue to consider how to make sure affected
consumers are appropriately compensated and the motor finance market continues
to work well, with effective competition, for the millions of consumers who
rely on it every year.
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