The Finance & Leasing Association (FLA) has responded to the UK Financial Conduct Authority’s (FCA) consultation on the Section 404 motor finance redress scheme. Announced in October, the FCA’s proposal would allow for compensation payments related to an estimated 14 million motor finance agreements identified as unfair. These payments could begin as soon as next year. While FLA-affiliated lenders support a credible redress process for affected customers, concerns remain that the current proposal does ...

The Financial Conduct Authority’s Consultation Paper CP25/27 proposes an industry-wide redress scheme for UK motor finance customers who may have been unfairly charged due to inadequate disclosure of commission arrangements between lenders and brokers. Covering agreements from 6 April 2007 to 1 November 2024, the scheme targets practices such as Discretionary Commission Arrangements (DCAs) and high or exclusive commissions that may have breached FCA principles. It is expected that the compensation scheme ...

For the transactions that meet that criteria, lenders calculate the consumer’s compensation in one of the several ways. For most cases, the compensation will be based on an average of the amount overpaid and the commission paid, plus base rate interest plus 1%. However, in the rarer but most extreme cases, such as the one that triggered the Johnson v FirstRand Bank Ltd case, the lender must pay the consumer the commission plus interest.Consumers will be eligible if they took out a regulated motor finance ag ...

Core Viewpoint - The FCA's proposed motor finance redress scheme is estimated to cost the industry around £11 billion, which includes £8.2 billion in compensation for customers and £2.8 billion in implementation costs [1] Group 1: Industry Concerns - The Finance & Leasing Association (FLA) expresses skepticism about the FCA's figures, suggesting they are "too high" and calling for transparency regarding the assumptions behind the estimates [2] - Firms are questioning the FCA's modeling, particularly regarding participation rates and assumed losses, especially for non-prime and smaller lenders [2] Group 2: Implementation Challenges - The FCA intends for lenders, rather than brokers, to administer the redress, which places a significant operational burden on lenders [3] - Firms will need to identify eligible customers, assess unfairness, and calculate payouts, often requiring data reconstruction dating back to 2007 [4] - Smaller firms may find the task overwhelming due to data gaps, system limitations, and resource constraints, which could hinder timely and accurate outcomes [5] Group 3: Balancing Fairness and Feasibility - The FCA claims its scheme balances fair compensation with market stability, but firms are concerned about whether the costs and operational demands are proportionate [6] - The consultation period runs until 18 November 2025, with final rules expected in early 2026, prompting the industry to focus on the realism of the FCA's numbers and the feasibility of its plan [7]

Core Viewpoint - The UK's Financial Conduct Authority (FCA) has proposed a compensation scheme for approximately 14 million unfair motor finance agreements, potentially disbursing £8.2 billion ($11 billion) to affected consumers due to nondisclosure of critical information [1][2]. Group 1: Compensation Scheme Details - The proposed scheme aims to provide average payouts of about £700 per affected agreement [1]. - Eligibility includes motor finance agreements from 6 April 2007 to 1 November 2024, where a commission was paid by the lender to the broker [3]. - The scheme is designed to be a no-cost solution for consumers and more economical for companies compared to court processes [2]. Group 2: Consumer Participation and Process - Research indicates that nearly half of eligible consumers have not filed claims due to unclear eligibility criteria, while almost a quarter are uncertain about the compensation amount [2]. - Consumers are advised to lodge complaints directly with their lenders, using resources provided by the FCA, without needing claims management companies or lawyers [4]. - Once the scheme is active, lenders will contact consumers who have not complained within six months, offering a review of their cases [4][5].

Core Viewpoint - The Finance & Leasing Association (FLA) has expressed concerns regarding the Financial Conduct Authority's (FCA) proposed sector-wide redress scheme for motor finance customers, emphasizing that the costs are "too high" and that the details require thorough examination before firms can evaluate the operational and financial implications [1][3]. Summary by Sections Consultation Overview - The FCA's 360-page consultation outlines a compensation plan for consumers charged unfairly under commission-linked car finance agreements from 2007 to 2024, affecting approximately 14.2 million agreements, which is 44% of all credit deals during this period, with an estimated £8.2 billion in redress [2][6]. Compensation Scheme - If enacted, this scheme would be the largest coordinated compensation effort since the payment protection insurance (PPI) redress program, with the FLA highlighting the need for careful scrutiny of the document to ensure consumer redress while maintaining market stability [3][4]. Market Stability - The FCA advocates for a centralized compensation scheme as the most efficient and fair method for redress, providing a consistent framework for consumers and certainty for firms, contrasting with a potentially lengthy process of individual complaints [4][5]. Implementation Costs - The FCA estimates the total industry cost, including implementation, to be around £11 billion, assuming an 85% consumer participation rate, with average compensation proposed at £700 per agreement, plus interest calculated at the Bank of England base rate plus 1% [6]. Legal Context - The consultation follows significant court rulings that clarified lenders' disclosure obligations, confirming that undisclosed high or discretionary commissions created unfair relationships under the Consumer Credit Act [7]. Investigation Findings - The FCA's investigation into 32 million motor finance agreements revealed "widespread failures" in disclosing commission arrangements, which hindered consumers' ability to make informed borrowing decisions and often led to higher effective interest rates [8].

Core Insights - Vehicle Asset Solutions (VAS) and jaam automation have launched an AI-powered Attestation and Audit Portal to improve oversight in the UK motor finance industry [1][5] - The portal aims to streamline compliance processes and reduce administrative burdens for finance providers, dealers, and brokers [1][2] Compliance Enhancement - The platform includes two main services: the Motor Finance Oversight Attestation, a self-assessment tool for brokers and dealers, and the Motor Finance Oversight Audit, which can be conducted virtually or in person [2][3] - The Attestation tool generates a report on regulatory health for funders, while the Audit provides a comprehensive review based on scheduled or risk-triggered assessments [2][3] Strategic Compliance Asset - VAS managing director Paul Neal emphasized that the platform serves as a strategic compliance asset, enabling funders to maintain meaningful oversight and improve industry standards through structured best practices [3][4] - Funders can utilize the system to benchmark their networks against compliance standards, including Consumer Duty and Commission Disclosure [4] Collaborative Workflow - The portal integrates various stakeholders—dealers, brokers, funders, and the VAS quality assurance team—into a collaborative environment [4] - AI-driven attestations are organized through an intelligent tasking system that includes scoring and collaboration tools [5] Digital Transformation - jaam automation's co-founder Andrew Murphy highlighted that the platform represents a significant digital transformation for the industry, combining automation, AI, analytics, and oversight tools to manage regulatory risk effectively [5]