UK Banks Face Multi-Billion Pound Liabilities After Ruling on Undisclosed Car Loan Commissions
October 31, 2024
- In light of the ruling, Lloyds Banking Group has suspended commission payments for new loans and allocated £450 million for potential payouts, with analysts predicting total liabilities could soar to between £2.5 billion and £3.9 billion. 
- Other major banks, including Santander UK and Barclays, are also reevaluating their financial strategies, with Santander potentially facing a liability of £1.1 billion. 
- Consumers who financed vehicles during the affected period may be eligible for compensation, particularly if DCAs were involved, with average payouts expected to exceed £1,000. 
- Given that approximately 80% to 90% of new cars in the UK are financed, millions of consumers could qualify for compensation related to loans issued between April 6, 2007, and January 28, 2021. 
- The FCA is contemplating a compensation scheme that may begin disbursing payments in 2026, although a comprehensive ruling on the broader implications of the case is not anticipated until late 2025. 
- A recent court of appeal ruling declared it unlawful for lenders Close Brothers and FirstRand Bank to pay undisclosed commissions to car dealers without informing borrowers. 
- This ruling follows the ban on discretionary commission arrangements (DCAs) by the FCA in 2021, aimed at curbing inflated interest rates charged to consumers. 
- Estimates suggest that the potential compensation scheme could reach between £8 billion and £13 billion, reflecting the extensive impact of the ruling. 
- The FCA's investigation into DCAs may have far-reaching consequences for lenders, extending beyond the current scope of the inquiry. 
- To ensure informed consent for loans, consumers must be made aware of all material facts affecting their borrowing decisions, including commission details. 
- UK lenders are expressing concerns about the financial ramifications of the ruling, as evidenced by Close Brothers halting new car loans and experiencing a 37% drop in their shares. 
- Compensation claims can be facilitated by claims management firms, and some individuals have already received payouts through the Financial Ombudsman Service or court rulings. 
Summary based on 1 source
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The Guardian • Oct 31, 2024
Could you be entitled to a payout after court ruling on car finance?