Rachel Reeves ‘considers overruling' £44billion car finance Supreme Court decision in DAYS
The Supreme Court is set to decide next Friday whether motor finance providers should compensate customers over undisclosed broker commission arrangements.
1
But, the Government is looking at new laws to limit compensation claims against motor finance providers and making them less exposed to the scandal, according to The Guardian.
These laws would set clear rules on disclosing broker commission fees and could even apply retroactively to existing cases.
If passed, lenders like Lloyds, Santander, Barclays, and Close Brothers could face lower payouts.
The move aims to prevent the scandal from spreading to other financial products beyond car loans.
The move would be an exceptional step by the Treasury, which previously attempted to influence the Supreme Court proceedings in January.
It's believed Government officials have been discussing the practicalities with both the Ministry of Justice and the Department for Business and Trade.
In October, the Court of Appeal ruled that motor finance firms broke the law by not telling borrowers about broker commission terms.
This decision could lead to £44billion in compensation for millions of people.
Motor finance companies argue they believed their practices followed the rules but say the ruling requires much more transparency.
Close Brothers and FirstRand Bank appealed the decision, and the Supreme Court heard the case in April.
The court will now announce its final decision on motor finance commissions on August 1.
The Financing and Leasing Association, which represents motor finance companies, warns that if the Court of Appeal ruling is upheld, it could harm the motor finance market.
They say it could lead to less lending, higher borrowing costs, and even company closures.
The Government rarely steps in on compensation cases, but the Treasury is worried this scandal could scare off investors and hurt UK businesses.
There are also fears that a huge compensation bill could damage the industry.
Back in 2013, the coalition Government pushed through the Jobseekers (Back to Work Schemes) Act to "protect the national economy" from a £130million payout.
A Treasury spokesperson said they want a fair decision that gives consumers proper compensation for their losses.
They added: "We want to see a balanced judgment that delivers compensation proportionate to losses that consumers have suffered and allows the motor finance sector to continue supporting millions of motorists to own vehicles.
"It is now appropriate to let the appeals process run its course."
Paul Carlier, the whistleblower who first exposed the scheme in 2016, has accused the Treasury of acting dishonestly to protect motor finance firms at the expense of millions of customers.
He claims the FCA and Ombudsman have already covered up the scandal in previous years, depriving consumers of billions in redress.
Andy Agathangelou, founder of consumer advocacy group Transparency Task Force said: "This is at least the second time the Chancellor of the Exchequer has hoped to intervene, or should I say interfere, with the judicial process surrounding the car finance scandal.
"It's not a good look for her, because she seems happy to in effect take money out of the pockets of innocent, harmed consumers, and put it in the pockets of banks and car finance companies that have broken the law."
The Financial Ombudsman Service is struggling with a massive spike in complaints about commission practices, now totalling over 60,000 – triple the number since May 2024.
The growing scandal could rival the infamous Payment Protection Insurance (PPI) debacle.
In March, the Financial Conduct Authority confirmed it had been granted permission to intervene in the case and had submitted its arguments to the Court.
Should the Supreme Court rule that motor finance customers have suffered losses as a result of widespread failings by firms, the FCA is expected to consult on the introduction of an industry-wide compensation scheme.
Under a redress scheme, firms would need to figure out if their mistakes caused customers to lose money.
If they did, the firms would have to pay the right amount of compensation.
The FCA would create rules for firms to follow and make sure they stick to them.
This scheme would make things easier for customers compared to making a formal complaint.
While waiting for news on the redress scheme, customers can still make a claim directly, but the FCA has advised against using claims management companies or law firms to avoid unnecessary fees.
WHAT'S HAPPENING AND WHO'S AFFECTED?
By James Flanders, Chief Consumer Reporter
What is being investigated?
The Financial Conduct Authority (FCA) launched an investigation last year into whether motorists were unknowingly overcharged when they took out car loans.
The investigation by the City watchdog focuses on past practices where banks allowed car dealerships and brokers to set their own interest rates on loans.
Under a now-banned discretionary commission arrangement (DCA), dealerships and brokers had a financial incentive to charge higher interest rates, as their commission increased proportionally.
However, many customers were unaware of this practice.
A landmark ruling in October 2024, deemed it unlawful for car dealers, acting as brokers, to receive commissions from lenders without obtaining the customer's consent.
This applied to both discretionary commission arrangements (DCAs), where dealers set interest rates, and non-discretionary commissions.
The Supreme Court is now preparing to rule on whether lenders should be held responsible for compensating drivers.
Who is eligible for compensation?
There are two criteria you must meet to have a chance at receiving compensation.
First, you must be complaining about a finance deal on a motor vehicle (including cars, vans, motorbikes, and motorhomes) that was agreed upon before January 28, 2021.
Second, you must have bought the vehicle through a mechanism like Personal Contract Purchase (PCP) or Hire Purchase (HP), which make up the majority of finance deals and mean you own the vehicle at the end of the agreement.
Drivers who leased a car through a Personal Contract Hire, where you give the car back at the end of the lease, are not eligible.
According to the financial regulator, on a typical £10,000 motor finance agreement, discretionary commission arrangements could have caused customers to pay an additional £1,100 in interest over a four-year term.
The FCA extended the deadline for lenders to respond to complaints, meaning borrowers whose lenders received other forms of commission may now also be eligible for compensation.
How can I make a claim now?
Consumer finance website MoneySavingExpert.com offers an email template to help you complain to your finance provider.
You can download this by visiting moneysavingexpert.com/reclaim/reclaim-car-finance.
Alternatively, you can complain directly without using the template.
It's crucial for anyone who took out car finance to file a claim, even if a previous claim was denied.
In your complaint, ask whether you were overcharged due to your broker receiving a commission and request the company to rectify this if it occurred.
If you're unsatisfied with the company's response, you can escalate your complaint to the Financial Ombudsman Service (FOS) at no cost.
You have until July 29, 2026, or up to 15 months from the date of the company's final response letter, whichever is longer.
Avoid using a claims management firm, as they will take a portion of any successful claim.
CUSTOMERS of several major high street banks who were mis-sold car finance could be in line to receive thousands of pounds in redress.
In March, Lloyds Banking Group revealed it had set aside another £700million for potential compensation relating to motor finance commission arrangements this morning.
The bank said the provision – taken in the fourth quarter, and adding to the £450million provision taken last year – was in light of a court judgment on the issue.
Barclays has additionally allocated £90million in response to the car finance scandal, while Santander revealed last year that it had earmarked £295million for potential payouts.
Meanwhile, Close Brothers announced it anticipates setting aside up to £165million in the first half of the year to address potential legal and compensation costs arising from the ongoing review into car loan commissions.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Independent
18 minutes ago
- The Independent
‘One in four councils could lose money' under Government's funding proposals
Around a quarter of councils in England could lose money under the Government's proposed reforms to how local authorities are funded, analysis has found. A report from the Institute for Fiscal Studies (IFS) said the changes would create big 'winners and losers' as ministers attempt to address perceived unfairness in levels of core funding across the country. Sir Keir Starmer's own council, Camden in north London, will be hit by the reforms when taking inflation into account, the IFS added. The think tank said Camden, along with other inner London boroughs including Westminster, will have less money to spend on services even if they increase council tax by the maximum amount allowed. Whitehall will provide a minimum level of funding, a so-called funding floor, for council leaders during the changes, but the IFS said overall cash for inner London town halls would be 11-12% lower in 2028-29 in real terms. The paper said: 'Around one in four councils would see real-terms falls in overall funding under the Government's proposals, with around 30 on the lowest funding floors seeing real-terms cuts of 11–12%. Conversely, another one in four councils would see real-terms increases of 12% or more.' The changes, which will come into effect from next year, are being consulted on by ministers. The Government plans to create a new methodology to assess local authority needs relatively and factor in population and deprivation. It will also assess need for adult and children's services. Overall spending will fall for 186 councils and rise by the same total sum for 161. One in 10 will see a fall in overall funding, while one in 10 will see an increase of 10% or more. The overall Government spend on local authorities will not change. The changes will be phased in across three years, from 2026/27 to 2028/29. Kate Ogden, co-author of the IFS report and a senior research economist with the think tank, said: 'England has lacked a rational system of local government funding for at least 12 years – and arguably more like 20. It is therefore welcome that the nettle of funding reform is being grasped, and some councils will benefit substantially under the new system. 'But the changes will sting for those councils that are assessed to currently receive too high a share of the overall funding pot, and so which lose out from moves to align funding with assessed spending needs.' The proposals are criticised in the report as 'not particularly redistributive to poor, urban areas of England'. It cites South Tyneside and Sunderland councils being among those to lose out from the reforms as slow population growth is accounted for. The report added: 'It is somewhat surprising that, on average, councils in the most deprived 30% of areas would see very similar changes in overall funding over the next three years to those for councils in the middle 40% of areas.' It noted that rural areas, which feared being badly hit by changes, will benefit from a 'remoteness adjustment' which will compensate areas with higher needs due to being far from large towns. London will gain the least, with a cash-terms increase in funding of 8% in the next three years. Analysis by the London Councils collective has highlighted the risk of the funding 'dramatically underestimating' needs for local services in parts of the capital. It noted the city has the highest rate of poverty in the country when housing costs are factored in. Outside the capital, the East Midlands (22%) and Yorkshire & the Humber (19%) are set to see the biggest increases in funding, with the South East set to see the smallest at 13%. However, the proposals have been criticised by youth charity the National Children's Bureau, which said it was 'significantly concerned' about the way the Government plans to work out needs for children's services. Ms Ogden added: 'The Government should consider giving highly affected councils which currently have low council tax rates greater flexibility to bring their council tax bills up to more typical levels to offset funding losses. 'More generally, reform of council funding allocations is just one part of the financial sustainability puzzle. Efforts to reduce demands on, and the cost of providing, local services through reform and the use of new technology will also be vital.' A spokesperson for the Ministry of Housing, Communities and Local Government said: 'The current, outdated way in which local authorities are funded means the link between funding and need for services has broken down, leaving communities left behind. 'That's why we are taking decisive action to reform the funding system so we can get councils back on their feet and improve public services, with the IFS recognising that our changes will better align funding with councils' needs.'
The Independent
18 minutes ago
- The Independent
Universities ‘keen' to offer places to students even if they miss grades
Universities will be keen to offer places on degree courses to school leavers on A-level results day even if they have narrowly missed out on grades, experts have suggested. The head of Ucas has predicted that a record number of 18-year-olds are expected to wake up on Thursday next week to the news that they have been successful in securing their first-choice university. There will be competition between universities to fill places with more UK applicants, creating a 'buyer's market' for students. The majority of institutions have courses available through clearing – which matches applicants to university places yet to be filled – in the week before A-level results day. It comes as universities have been warning of financial pressures due to uncertainty about the recruitment of overseas students as well as years of frozen tuition fees by domestic students. A sample of 129 of the UK's largest higher education providers showed more than 22,600 courses with vacancies for undergraduate students living in England were available on the Ucas clearing site as of Wednesday. Seventeen of the 24 elite Russell Group universities had vacancies on courses for English residents – a total of 3,630 courses between them. A similar analysis last year, in the week before A-level results day, showed 18 of the 24 universities had vacancies on courses for English residents – a total of 3,892 courses between them – on the clearing site. Clearing is available to students who do not meet the conditions of their offer on A-level results day, as well as those who did not receive any offers. Students who have changed their mind about what or where they wish to study, and those who have applied outside the normal application window, can also use clearing. Eight days ahead of exam results day, there was a total of 22,698 courses through clearing across 129 institutions. A similar analysis last year – carried out at the same point before A-level results day and looking at the same range of higher education institutions – showed there were 23,306 courses through clearing. Ucas figures released last month revealed that the number of offers made to prospective undergraduate students from universities and colleges has reached a record high this year. Jo Saxton, head of the university admissions service, said she expected there to be 'slightly fewer' courses with vacancies in clearing this year due to the high number of offers already made to applicants. She said: 'Whilst the system isn't capped, universities do know how many they want to accommodate in their lecture halls and facilities, and I think that a lot of that is going to have been already pinned down through applications and offer-making prior to results.' Overall, 94.5 per cent of all students who applied to higher education before the Ucas January deadline have received at least one offer, recent figures show. Speaking about A-level results day, the Ucas boss said: 'I would anticipate a record number of 18-year-olds will wake up with confirmation, quite possibly even where they are near-misses.' She added universities are increasingly 'falling back in love' with their three-year undergraduate applicants as there is more 'uncertainty' around the international market and which overseas students are going to turn up. Dr Saxton said: 'It's a really, really good year to be a UK-domiciled 18-year-old that wants to go to one of our world-class universities. 'A couple of the directors of admissions and vice-chancellors that I talked to have talked about recognising, actually, that a three-year undergraduate student is stability for your teaching and learning, for your university community, for your financial planning.' Nick Hillman, director of the Higher Education Policy Institute think tank, said this year's cohort of school leavers are 'well placed' to get where they want to study even if they have narrowly missed their university offer grades. He said : 'The financial plight of universities makes them very keen to fill their courses and they will be falling over themselves to sign up good potential students. 'Not everything is rosy, of course, as the cost-of-living crisis has affected the student experience in deleterious ways, but ambitious school leavers are nonetheless well-placed to get where they want to be in this year's admissions round.' Mike Nicholson, director of recruitment, admissions and participation at the University of Cambridge, which does not take part in clearing, said it is 'probable' that universities will be 'looking very carefully' at near-miss students this summer. He said: 'If the student, for instance, needed three As [and] gets AAB as long as the B is not in something that's absolutely crucial for the course, I think there's a very strong possibility the student would find they'd be getting a place. 'If universities have the capacity to take near-miss students I think they'll be very keen to take them this year because those students are already in the system, they've already committed, they've possibly already even applied for accommodation. 'So, it's a much easier process to follow through on than having to go out into clearing and recruit somebody from scratch at that point in the year.' Lee Elliot Major, professor of social mobility at the University of Exeter, said: 'This year is shaping up to be a buyer's market in admissions, with many universities competing to recruit more home students. 'It's driven by basic financial necessity: institutions need to fill degree places as uncertainty grows over international student intakes and budgets tighten across the sector. 'In an increasingly volatile admissions landscape, we must ensure that the focus on financial sustainability doesn't further exacerbate educational inequalities already embedded in the system.' Vivienne Stern, chief executive of Universities UK, said: 'It's certainly competitive between universities. 'From an applicant point of view, in a sense, that's a really good thing as it means you've got lots of choice. 'Clearing has changed, certainly compared to far back in the midst of time when I went to university when it used to be the kind of last-chance saloon, it's not that any more. 'Clearing is a much more widely-used tool for people to apply for the first time. 'It's also an opportunity if people want to change their minds they can use clearing to do that.' A Department for Education (DfE) spokeswoman said: 'While universities are independent from government and responsible for their own admissions decisions, it is essential that quality is maintained and that the students they admit are likely to succeed. 'Students deserve high-quality teaching, fair admissions and a clear path to good jobs, whether through a degree or technical route. 'Apprenticeship starts, participation and achievements are all on the rise, helping more people gain the skills they need.'
BBC News
19 minutes ago
- BBC News
Stroke survivor settles job discrimination case for £100k
A man who said he lost his job after suffering two strokes has settled a disability and age discrimination case against his former employer for £100, Donaldson's speech and movement were affected after he took ill in January 2023, which led to him cutting his working hours and taking a reduced former property site manager took the case against Fraser Partners Ltd after a new, younger site manager was recruited and Mr Donaldson was told his employment would end in September 2023.A spokesperson for Fraser Partners, which settled the case without admission of liability, said they "strongly deny the claims made but chose to settle in order to avoid a lengthy legal process". "We remain fully committed to equality, fairness, and inclusion in the workplace, and continue to review our policies to ensure they meet the highest standards," a statement added. 'I didn't know if I had a future' Speaking to BBC News NI, Mr Donaldson said he joined Fraser Partners - previously known as Fraser Estates - in 1986 as a civil engineer, before being asked to take on a housing development management role in suffering two strokes, the 63-year-old, who lives in Belfast, took eight weeks off work before returning on a phased he said he "never in a million years" expected to be told his employment was coming to an end during a regular weekly meeting."It was such a shock to me that after 40 years of association with the company that I was let go," he Donaldson said he was extremely disappointed, and his mental health suffered "tremendously"."Two weeks after I found out I was let go was the worst of my life because I didn't know if I had a future at all," he added."When you have a stroke, it changes your life, you wonder: 'How am I going to look after my family?'"You have no income, you don't have a job. You wonder where the next step is coming from." Mr Donaldson's case was supported by the Equality Commission for Northern Ireland which, he said, helped him to feel less alone."I have so much to give still. I'm in counselling at the moment and my physical condition has been improved in the last two years," he said."I hope the counselling will help me return to my usual self, but that could take time." Employees feeling 'abandoned' Geraldine McGahey of the Equality Commission said the organisation got involved in Mr Donaldson's case as many people can relate to being with an employer for a long time and feel alone when things go wrong."Employers need to be aware of their obligations, they must fulfil their obligations under the Disability Discrimination Act," she said."I think Cliff's case illustrates very clearly that employers have that obligation but they also must tell their employees about their rights."The commission's chief said Mr Donaldson felt "very abandoned" and needed the support of his employer."A good employer would tell an employee like Cliff: 'This is what I have to do with you, this is how we're going to work together'... because they have an obligation to make reasonable adjustments to help that employee stay at work." Mrs McGahey said the resolution has resulted in a large settlement, and the commission has worked with the company to review their policies and procedures, and support them to get things right."Because if you don't get things right, it costs you a lot of money and a lot of actual reputation for your business as well," she added."People will be impacted by this story, they will consider how employers behave and treat their employees and that can impact on their loyalty to that kind of business."She added the vast majority of employers will have the correct policies within their businesses."But that's no good if you don't implement them," she said."You've got to make sure that it's a living document, that your managers know how to implement it, but similarly the employees must know what their rights are under that policy as well."
