Discretionary Commission Arrangements - Complaints and Refunds

 

Mis-sold PCP Car Finance and the FCA

Nearly all financial companies in the UK are regulated by the FCA (Financial Conduct Authority). This includes anyone who is offering credit to consumers, so all car dealers and car finance companies will be included.

The FCA are regulate and control what and how financial services companies operate. If a company has been unfair to a customer, then the FCA can force them to put things right, via the FOS (Financial Ombudsman Service).

The FCA has been concerned, for several years, about how the motor finance industry has been operating. It undertook a review of the industry and as a result new laws were introduced to protect consumers. Of course, new laws can only affect consumers looking forward for new car finance agreements, it can’t force change looking backwards at old car finance agreements.

In its report, the FCA discovered that a typical motor finance agreement of £10,000, the commission paid out by the finance company could mean that the customer was paying £1,100 more in interest over a typical 4-year term of an agreement.

A ban on discretionary commission was introduced in July 2020 and came into force on 28th January 2021.

The FCA estimates that this will result in a saving to consumers of £165,000,000!

The FCA noted, in its final report, that some lenders “seemed to focus unduly on credit risk (risk to the lender) and not on affordability (to the customer). The FCA went on to say

“Unknown to customers buying vehicles, lenders systematically incentivised brokers and car dealers to charge their customers higher interest rates so they could receive higher commissions themselves.”

In an Autocar Article published on 28th January 2021, one dealer stated:

“Button F, we called it. The F stood for finance and was the key on our calculators that let us car salespeople adjust the interest rate on customer loans in order to boost our commission.

Depending on the value of the deal and the APR we were able to get away with, this commission – after the dealership had taken its cut – could equal what we earned on the sale of the car itself.

Our customers knew none of this, of course. They assumed that our frantic tapping’s were an effort to secure them the most favourable lending terms. Once a month, the finance company’s representative would arrive to thank us for our business and buy us all a round of fish and chips. The more successful of us (never me) would get a trip to the races.”

Plainly it is disgraceful that yet again the UK consumers were being ripped off by organisations they believed they could trust. While the FCA have done a fantastic job in ensuring that commission is not hidden for new finance agreements, consumers can make a complaint about past agreements. This is something you can you yourself (you don’t need to use a Claims Management Company), but if you do not want to do it on yoru own, then Redbridge Finance can help.

Hidden car finance commission

"Hidden car finance commission" is a key phrase that captures a controversial practice in the car finance industry, where some lenders allowed dealerships and brokers to inflate interest rates to earn higher commissions, often without the customer's knowledge or consent.

Here's a breakdown of what it means and why it's important:

  • Discretionary Commission Arrangements (DCAs): This was the official term for these arrangements. Under a DCA, the dealer or broker had the discretion to set the interest rate on a car finance agreement, and their commission was linked to that rate. The higher the rate, the more they earned.
  • Lack of Transparency: The problem with DCAs was the lack of transparency. Customers were often unaware that the dealer had this power to influence their interest rate, leading to potential overcharging.
  • Consumer Harm: This practice could result in customers paying significantly more for their car finance than necessary, as dealers were incentivized to mark up interest rates to maximize their commission.
  • FCA Ban: The Financial Conduct Authority (FCA) banned DCAs in January 2021 to protect consumers and promote fairer car finance practices.

If you think you might have been affected by hidden car finance commission, here's what you can do:

  • Gather your finance agreement: Check your paperwork for details of your loan, including the interest rate and any mention of commission.
  • Contact your lender: Explain your concerns and ask if a DCA was used in your agreement.
  • Check the FCA website: The FCA has information and resources on DCAs, including a list of firms that have self-reported their use of this practice.
  • Consider making a complaint: If you believe you were overcharged due to a DCA, you can complain to the lender or escalate your complaint to the Financial Ombudsman Service (FOS).

Key Takeaways:

  • "Hidden car finance commission" refers to the practice of dealers inflating interest rates to earn higher commission under DCAs.
  • This practice was banned by the FCA in 2021.
  • If you think you were affected, contact your lender and consider making a complaint.

By understanding what hidden car finance commission is and taking the necessary steps to protect your rights, you can ensure you're not paying more than you should for your car finance.