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September 12, 2025
Daniel Lee

Barclays’ FOS U-turn? What dropping the judicial review would mean for fair redress

Barclays has withdrawn its legal challenge against the Financial Ombudsman Service (FOS) decision, which upheld a client’s complaint about motor finance mis-selling.

Having lost at the High Court Barclays had sought to challenge the decision at the Court of Appeal despite their case facing an obvious defeat.

Why a withdrawal is telling

  1. It avoids a calculation benchmark in open court. The High Court already backed FOS last year. An appeal judgment could have clarified how redress is calculated—typically a transparent “difference-in-interest” approach—setting a precedent across thousands of cases. Withdrawing sidesteps that clarity and avoids a legal precedent.
  2. It keeps the path clear for the Financial Conduct Authority’s (FCA) redress scheme. The FCA is planning a potentially controversial central scheme soon. A court opinion pointing to fairer calculation for consumers could clash with the FCA’s more conservative, averaged methodology, which aims to protect the motor finance industry.
  3. It follows a reshaped legal landscape—without absolution. Recent rulings narrowed some arguments but left clear routes to redress for millions of consumers. The remaining battleground is the maths, not whether consumers deserve compensation.

The stakes: how the maths should get done

  1. Refund the difference between what the customer paid at the charged APR and what they would have paid at the lowest permissible rate (often the “no-commission” rate).
  2. Refund the remainingundisclosed commission, paid by the lender to the dealership as an incentive to increase the APR.
  3. Then add appropriate interest on the overpayment.

What a weak FCA scheme risks doing

  1. Protects the motor finance industry over consumer rights by failing to provide fair compensation to consumers.
  2. Penalises consumers where firms’ records are incomplete, instead of requiring reconstruction using average figures as per the PPI scandal
  3. Encourages future mis-selling by failing to provide clear financial deterrents, including substantial fines.

Was Barclays “guided” to step back? The optics certainly aren’t great

With Barclays withdrawing its appeal at this late stage, it looks like behind-the-scenes choreography to avoid an appellate judgment that cements robust redress maths.

That suspicion grows when the regulator, which has been very quiet about the case, is gearing up a central scheme, signalling relatively modest average payouts, and when CMCs and legal firms are pressing for transparent, case-accurate calculations.

What the FCA must do—now

  1. Publish the calculation method, not just headlines. Use a clear, auditable difference-in-interest formula. Where data is missing, require firms to reconstruct from other sources; don’t let poor records shrink compensation.
  2. Issue fines for the illegal activities which have been confirmed by the Supreme Court judgment.
  3. Keep individual rights alive. No scheme should be encouraged where courts can justify higher redress.
  4. Require firm-by-firm transparency. Publish each lender’s methodology, error rates and assurance results to show who is paying customers properly.

What this means for consumers—and how we’ll help

  1. If your finance agreement predates 28 January 2021, you may be affected—especially where the dealer could tweak the APR via discretionary commission.
  2. If your finance agreement included overtly large commission payments you may still be due compensation even if you took out the agreement after 2021.
  3. If your finance agreement was provided to you as a result of loyalty or volume commission incentives you may be due compensation.
  4. We’ll keep building evidence-led claims so your redress reflects your overcharge, even if this means court is the best route.
  5. We’ll challenge any rules that under-compensate or excuse missing data the lender was obliged to keep.

References & context (toggle)
  • Recent court listings and judgments concerning Barclays vs FOS.
  • FCA communications about a forthcoming car-finance redress scheme.
  • FOS redress practice on interest-rate overcharge (difference-in-interest + interest).
  • Ban on discretionary commission effective 28 January 2021.

Note: This post reflects our analysis as at the date above. For updates or press enquiries, contact our team.

Barclays FOS judicial review

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September 5, 2025
Daniel Lee

Where Are the Fines? Why “deterrence” keeps failing—and mis-selling keeps returning

On 1st August 2025 the Supreme Court confirmed what many had long suspected – that motor dealerships were acting only in their own interests, and that consumers were often paying far more than they should be paying on their motor finance agreements due to hidden commissions, paid by lenders to dealerships.

So why, after the judgment, have lenders not faced real, public, uncomfortable fines?

As things stand, the regulator has prioritised process over deterrence.

There is a pause on lenders’ complaint deadlines and a consultation on an industry redress scheme—with payments expected later.

Helpful for clean-up; weak at stopping the next scandal.

That is restitution without retribution.


“Deterrents” that didn’t deter: PPI proves the point

We don’t have to look too far back in time, just a few years ago there was the PPI scandal.

The industry paid tens of billions in compensation—the biggest consumer redress exercise in UK history.

But the fines were comparatively tiny when you compare them against how lucrative PPI was to lenders (again, due to huge undisclosed commissions), and so it’s hard to claim fines truly deterred anything.

Profits dwarfed penalties.

Because the economics never flipped, mis-selling didn’t stop—it morphed. After endowment mortgages and PPI came interest-rate hedging for SMEs. And now it’s motor finance.

Different products; same incentives.

Motor finance: restitution, yes—deterrence, still missing

  • What happened: Discretionary commission let brokers lift customers’ APRs and take a bigger cut—banned from 28 January 2021. In addition, volume and loyalty commission structures and overtly large commissions have subsequently considered to be unfair by the Supreme Court.
  • Where we are: A central redress path is being designed (slowly); however there are concerns that the FCA will seek to protect lenders from paying fair compensation, which will lead to representatives taking cases via legal routes.
  • What’s missing: As of now, there have been no lender fines announced for the historic commission practices.
  • Who’s in the crosshairs: Not lenders! Public messaging leans heavily on warning consumers about using CMCs or law firms (often citing fees) rather than on penalising the original misconduct.
The FCA must focus on the systemic culture of mis-selling in the finance sector. CMCs and law firms once again uncovered the issue—taking cases to the Ombudsman and the courts. We strongly support high standards in our own sector; but focusing scrutiny on the helpers instead of sanctioning the root cause sends the wrong signal.

If deterrence is the goal, fines must bite

Redress is about making people whole, putting them back into the position they would have been without the mis-sale.

Deterrence is about changing future behaviour, ensuring misconduct isn’t repeated.

PPI showed that redress with inadequate fines doesn’t resolve matters—especially when the commission incentives and profits are huge.

A credible response in motor finance would pair the scheme with:

  1. Targeted enforcement where rules were broken (poor disclosure; unfair treatment)—not symbolic numbers, but penalties that outweigh the gain.
  2. Senior accountability and prosecutions if criminal behaviour is uncovered.
  3. Public censures with fixes: data remediation, look-backs, proactive customer contact, and independent assurance.
  4. A published enforcement timeline alongside the scheme roadmap so consumers aren’t left waiting in the dark.

What we’ll keep doing (and why CMCs matter)

  • Building strong, evidence-led cases for consumers—especially where lenders fail to handle complaints fairly.
  • Working to identify current and future systemic failings within the finance industry.
  • Keeping consumers informed about their rights and how they may be affected by misconduct.
  • Explaining options clearly, whether that’s a statutory scheme, Ombudsman route, or court claim.

Our view is simple: Until the cost of breaking rules is higher than the profit from doing it, scandals will repeat. Redress is necessary. Deterrence is essential. Do both.


Quick sources (toggle)
  • Regulatory updates on car-finance complaints handling, pause extensions, and scheme consultation.
  • PPI redress totals and example enforcement actions (e.g., 2015 fines) illustrating the scale mismatch.
  • Historic product issues: endowment mortgages, PPI, SME interest-rate hedging—showing recurring incentive problems.
  • Rules banning discretionary commission from 28 January 2021.

Note: This article reflects our analysis at the time of publication. For press enquiries, please contact our team.

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August 14, 2025
Daniel Lee

Motor Finance: Protecting Yourself When Buying Your Next Vehicle

When buying a car, especially through dealership-arranged finance, many consumers may have assumed that the dealership is there to find the “best deal” for them.

The recent Supreme Court motor finance ruling made it clear that this is not the case — and understanding why could save you thousands.

What the Supreme Court Said About Dealerships

In its landmark decision, the Supreme Court accepted that dealerships arranging finance are not impartial.

Dealerships have now admitted that they act only in their own commercial interest, aiming to secure a profitable sale of the vehicle, and an additional income through commission from the finance provider.

This reinforces a widely considered opinion of car salespeople.

The Role of Commission in Motor Finance

When you take finance through a dealership, the finance provider generally pays the dealer a commission. These commission deals could have been:

  • A A flat fee for each finance agreement
  • A A percentage of the amount financed
  • A volume fee if it hits a certain target
  • A loyalty fee for giving first refusal to a finance company
  • A rate-linked commission (where the dealer earns more, they higher the interest rate it gets you to sign up to)

Historically, the amount of these commissions were never disclosed, and in many cases these figures can be substantial.

This issue is that these commissions were ultimately paid for by consumers via the interest paid on their finance agreement.

Why Full Disclosure Matters

The Supreme Court’s acceptance of the dealer’s self-interest makes one thing clear: you must protect your own interests. That means demanding transparency.

When arranging finance in future, you should:

  1. Ask the dealer to disclose in writing:
    • Whether they will receive a commission from the finance provider.
    • Exactly how much that commission will be in pounds and pence.
  2. Request that the commission amount be deducted from the sale price of the vehicle or request that the commission be removed.

If the dealer refuses, walk away — and don’t be afraid to shop around for finance independently.

Practical Steps Before You Sign Anything

  • Try to obtain a personal loan, or a motor finance loan independently — this gives you a benchmark to compare.
  • Ask for the APR and total cost of credit in writing before committing.
  • Insist on commission disclosure — and keep a record of your request and the response.
  • Don’t rush. A “today only” deal often benefits the dealer more than you.

The Bottom Line

The Supreme Court has confirmed what many already suspected: when it comes to finance, dealerships work for themselves, not for you.

By being proactive — asking the right questions and insisting on commission transparency — you can take control of your car purchase, reduce the risk of overpaying, and make sure your money works for you, not for the dealership.

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August 6, 2025
Daniel Lee

💥 Supreme Court: Lenders Admit They Never Acted in Customer Interests

The dust is settling following the long-awaited Supreme Court judgment on motor finance commission, and while some media outlets spun it as a victory for lenders, the deeper reality paints a very different picture — and one that could prove devastating for the finance industry.

Because in defending themselves, dealerships and lenders have openly admitted that they were never acting in the interests of the consumer.

They were acting solely in their own commercial interests — maximising profit, manipulating interest rates, and disguising hefty commissions — and, crucially, failing to disclose the amount of commission to the very people funding those profits: you, the customer.

🤝 Dealers Weren’t Advisers — Just Salespeople?

Throughout the case, lenders and dealers repeatedly argued that they didn’t owe a duty of care to customers.

They weren’t providing advice, they claimed. They weren’t acting for the benefit of the customer. Their role, they insisted, was purely to sell.

But this defence is a double-edged sword.

If dealerships were acting in their own interests, and not as impartial brokers, then FCA rules (ICOBS 4.4.1R) required them to disclose the commission arrangements, including the amount, whenever that commission could influence the outcome of the sale.

🔍 FCA ICOBS 4.4.1R (as in force in May 2018):
“A firm must disclose the existence and nature of any commission or other remuneration… where that commission could affect the firm’s impartiality.”

So, the lenders’ own argument confirms that disclosure was required.

They’ve essentially admitted that they’ve breached the regulator’s rules.

🧾 So… Why Wasn’t the Commission Disclosed?

Because disclosing it would receive a commission to enable to it sell the vehicle it wanted to sell would have raised too many questions.

It would have revealed the true cost of the deal.

It would have exposed that customers were being charged inflated interest rates to fund commission — and that they may not have received the best deal they qualified for.

💬 Let’s be honest: the commission model existed solely to reward dealerships for selling more expensive finance products.

That is the heart of the issue, and it’s why millions of motor finance agreements have been mis-sold.

❓ Will the Industry Now Accept the Consequences?

With the Supreme Court judgment now in place and lenders having admitted that impartiality was never part of the transaction, serious questions must now be asked:

  • Will lenders now accept that disclosure was legally required?
    Or will they continue to reject complaints using twisted logic and half-truths?
  • Will the Financial Ombudsman Service (FOS) uphold complaints in line with this reality?
    Or will it continue its worrying trend of siding with lenders in clear breach of FCA rules?
  • Will the FCA finally admit that its own rules were systemically broken for more than a decade?
    Or will it seek to rewrite history and shield the finance industry from consequences — again?

⚠️ The Truth Can No Longer Be Denied

This isn’t a technical argument anymore.

This is about fairness.

This is about tens of millions of consumers who may have paid more than they should have.

This is about systemic, profit-driven misconduct disguised as routine practice.

And it’s about whether the UK’s regulatory bodies have the courage to stand up for consumers — or whether they’ll fold again under the weight of financial lobbying.

The Supreme Court has spoken.

Now we wait to see whether the industry and its regulators will listen — or continue the cover-up.

Lenders Admit They Never Acted in Customer Interests

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August 5, 2025
Daniel Lee

🚗 Supreme Court Motor Finance Judgment – What It Really Means for Millions of Consumers

The long-awaited Supreme Court judgment on motor finance has finally landed — and despite the misleading headlines initially pushed out by some of the mainstream media, the decision confirms what campaigners, claim firms, and consumer law experts have been saying for years.

This is a huge win for consumers.


⚖️ The Judgment: Unfairness Confirmed

The Supreme Court considered whether Discretionary Commission Arrangements (DCAs) and other undisclosed motor finance commissions could amount to an “unfair relationship” under section 140A of the Consumer Credit Act 1974.

Here’s what the judgment confirms:

  • Discretionary Commission Arrangements are unfair.
  • Large undisclosed commissions, when compared to the interest repayable, may also be unfair.
  • Loyalty, volume, and first-refusal commissions can be unfair if not disclosed.
  • Dealerships & finance providers never act in the interests of consumers had a right to know, only in their own.

This isn’t a ruling that shuts down redress. On the contrary — it opens the floodgates.


📰 Misleading Headlines and Media Spin

Soon after the ruling, several media outlets reported that the Supreme Court had “closed the door” to most motor finance claims.

That narrative was wrong.

While the Court rejected some legal arguments surrounding bribery, the judgment clearly affirms that consumers have rights under the unfair relationship provisions of the Consumer Credit Act when faced with hidden commissions and inflated costs.

Millions of agreements may have been mis-sold, and now that fact is confirmed by the highest court in the country.


🕵️‍♂️ Who Actually Uncovered the Scandal?

Let’s be clear. This wasn’t brought to light by regulators or banks.

It was claims management companies and law firms who:

  • Investigated patterns in agreements
  • Challenged lenders’ rejection letters
  • Forced regulators to act

And yet, the media and lenders continue to attempt to discredit the very firms who have once again uncovered another industry scandal — just as they did with PPI.


💥 What Happens Now?

The ruling now puts pressure on dealerships and finance providers to:

  • Stop hiding behind vague rejection templates
  • Be open with consumers, that you are not acting in their interests
  • Provide consumers with all finance options available, not just the option that pays the biggest commission to the dealership

The days of pretending these commissions had no impact are over.


🧾 Redress Scheme Concerns

The Financial Conduct Authority is now in the process on consulting on a redress scheme.

However, it has initially suggested that most consumers will receive less than £950.00, raising serious concerns that it will seek to protect lenders further.

The FCA has suggested that a £10,000 motor finance agreement, paid over four years, and where a Discretionary Commission Arrangement applied, resulted in consumers overpaying interest by £1,100.00.

That being the case, how can the FCA suggest that most consumers would receive less than £950.00?

We therefore call upon the FCA to stop protecting lenders, and focus on the consumers that have been left out of pocket by this latest scandal.

  • Force lenders to repay any overcharged interest
  • Force lenders to repay the unfair commission, in full
  • Force lenders to pay statutory (compensatory) interest at 8% per annum

Only then will true justice have been served.


🗣️ Final Thought

The motor finance commission scandal is real.

The Supreme Court has confirmed that unfair relationships exist when consumers were left in the dark about commission structures that affected their monthly payments.

The media misreported it. The lenders tried to hide it. But consumer advocates exposed it — and now, the nation knows the truth.

Now is the time to act.

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August 4, 2025
Daniel Lee

🧨 Martin Lewis: The Consumer Champion… or Industry Insider?

Martin Lewis has long been hailed as the voice of the consumer—a trusted figure helping households save money.

But when it comes to the motor finance commission scandal, serious questions are now being asked about whose side Mr Lewis is really on.

🤐 Why Might Martin Lewis Want the Supreme Court to Rule Against Consumers?

It sounds unthinkable right? But let’s look at the facts.

The upcoming Supreme Court judgment on hidden motor finance commissions could unlock billions in compensation for consumers who were charged inflated interest without being told about the backdoor payments made to car dealers.

And yet, Martin Lewis—despite his public image—has not backed the strongest legal arguments or consumer positions.

In fact, he has argued that a judgment in favour of consumers may go too far.

Why? One theory is painfully simple.

💸 The Hidden Commissions That Built MoneySavingExpert

Martin Lewis may have made his name as a savvy money-saving guru, but the financial engine behind his empire was commission.

The MoneySavingExpert.com website, which he later sold to Moneysupermarket Group for up to £87 million, profited by earning undisclosed commissions every time a user signed up to products via their links—including insurance, energy providers, broadband deals, loans and more.

Sound familiar?

The very undisclosed commission model that has now been found unlawful in motor finance sales may have propped up the MSE business model in the past.

If the Supreme Court rules that such commission structures are fundamentally unfair and mis-sold, it could set a precedent—opening the door for retrospective complaints not only against lenders and car dealers, but possibly against MSE or affiliated parties for failing to ensure transparency.

📉 Martin Lewis’ Template Letter Catastrophe

If that wasn’t bad enough, Martin Lewis—alongside MoneySavingExpert—published a DIY complaint template for consumers to submit a claim to motor finance providers.

The result? Catastrophic.

Well over a million consumers have now received near-identical rejections from lenders. Why?

  • The template only focused on one narrow commission model (Discretionary Commission Arrangements – DCA).
  • It failed to explain the and argue broader legal arguments around unfair relationships, secret commissions, and conflicts of interest.
  • It encouraged consumers to submit vague or under-evidenced claims, making them easier for lenders to knock back.

This has created a false sense of “nothing owed” among consumers who may very well have valid claims worth thousands of pounds.

Was this incompetence, not knowing the legal arguments, or was it a strategic play to reduce complaint volumes or protect vested interests.

⚖️ Consumer Champion or Compromised Voice?

Let’s be clear: Martin Lewis has helped millions reduce their household bills, something that he should be applauded for.

But that doesn’t make him immune to criticism—or above scrutiny.

When consumers are being misled, denied justice, or pointed toward ineffective complaint methods, it is vital we ask why, and who benefits.

The looming Supreme Court decision could shake the foundations of decades of commission-based selling practices.

And Martin Lewis might just have more reason than most to want the old system protected.

Martin Lewis motor finance commission



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