🏎 A slightly different take on this month's distressed retail & consumer update; cars, and car finance (I think this counts?).
🚗 On 11 January the FCA ordered car finance providers to pause handling of complaints and claims for compensation to the Financial Ombudsman Service ("FOS") (which had been snowballing) for nine months, so that the FCA can investigate this matter. To date, the FOS had issued two decisions, against Clydesdale Financial Services Limited, and Black Horse Limited, both in favour of the complainant.
💰 The nature of the complaint, in essence, is that car finance customers were charged too much on their car finance loans, through the levying of "discretionary commission arrangements" ("DCAs") (basically, the dealer or broker getting a bigger commissions for charging more interest, and this not being properly disclosed to the customer). The FCA banned this practice in 2021, so any complaints relate to the period before that, but the car finance providers have been rejecting most complaints/claims.
🚙 The FCA has appointed a skilled person to review motor finance agreements involving DCAs. The output of the skilled person review (expected in September 2024) could be to implement an industry wide consumer redress scheme, as have previously been implemented in respect of payday loan providers and card protection products. The effect of this on car finance providers could be profound, and it might be the case that we see a series of schemes or RPs to deal with those liabilities.
🚚 I have a small amount of skin in the game here, having had a finance agreement for a previous "hot-rod" (regrettably it was written off when a very nice gentleman fell asleep at the wheel and drove into it (everyone was fine)). I've written to the finance provider to ascertain details of any DCAs. Unless it becomes terribly boring and drawn out, I'll keep you posted on progress on this personal investigation/claim (naming no names).
🚕 As usual, I'm giving a shout to my excellent R&C colleagues, but in addition, to my excellent financial institutions colleagues who, as usual, are all over this. We're already speaking to various of our restructuring connections about this, but would be delighted to chat to others on this subject. Do get in touch.