Martin Lewis issues major update for millions of drivers who are ‘more likely’ due payouts
The outcome of a major investigation from the Financial Conduct Authority (FCA) into car finance mis-selling is due in May 2025 and a new Court of Appeal ruling was released this week
by Levi Winchester · The MirrorMartin Lewis has explained how millions of drivers are now "more likely" to be awarded compensation over car finance mis-selling.
The outcome of a major investigation from the Financial Conduct Authority (FCA) into car finance mis-selling is due in May 2025 - but the MoneySavingExpert.com founder explained how a new Court of Appeal ruling has the potential to be "precedent-setting" for the industry. The court ruled that customers must be fully informed about commissions when taking out car loans before an agreement can be entered into.
The Court of Appeal said in a summary of its ruling that brokers cannot lawfully receive a commission from lenders "without obtaining the customer’s fully informed consent to the payment". Martin explained how this "increases the likelihood of car finance compensation" from the wider Financial Conduct Authority (FCA) investigation.
Writing in the latest MoneySavingExpert.com newsletter, Martin said: "A new landmark court ruling has sent shockwaves through the car finance world, and certainly makes payouts more likely." The FCA is investigating car finance deals that contained so-called “discretionary commission arrangements” (DCA) which allowed car dealers to adjust the interest offered to customers, to increase their commission.
DCAs were banned by the regulator in January 2021 - but now the regulator is investigating whether compensation could be due. You could end up being due compensation if your car finance had a DCA and you bought a car, van or motorbike for personal use before January 28, 2021.
The types of finance covered in the investigation are personal contract purchases (PCP) and hire purchase - it does not include personal contract hire, which is often referred to as leasing. If the FCA does decide that compensation is due, it isn't yet clear how much money drivers could potentially receive. Its figures suggest drivers paid £1,100 more interest on a typical £10,000 four-year car finance deal when there was a discretionary commission arrangement.
Martin Lewis has previously recommended putting in a complaint sooner rather than later, in case a timeframe is later imposed that could cut off any future complaints. You should make a complaint direct to the lender that provided your car finance. If you use a claims management firm, they will take a cut of any compensation potentially owed - so avoid doing this.
You can put in a complaint yourself for free. MoneySavingExpert.com has a free tool that will help you draft a template letter to send. You can complain even if the car has been paid off, and you can also complain on behalf of someone else if they've passed away.