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Car Finance Mis-Selling Claims UK — How to Check If You're Owed Money

Millions of UK car buyers may be owed compensation for mis-sold car finance. The FCA found lenders allowed dealers to inflate interest rates via discretionary commission arrangements. Here's how to check and claim.

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If you bought a car on finance between 2007 and January 2021, you may be owed compensation. The Financial Conduct Authority (FCA) found that many car dealers used commission arrangements that allowed them to inflate your interest rate — and keep the extra money as hidden profit.

This guide explains how the scandal works, whether you’re affected, and how to claim without using a claims management company (which would take a chunk of your payout).


What Is the Car Finance Mis-Selling Scandal?

When you get car finance through a dealership — typically PCP (Personal Contract Purchase) or HP (Hire Purchase) — the dealer arranges the loan through a lender. What most buyers didn’t know is that dealers could often set your interest rate within a range provided by the lender.

Under something called a Discretionary Commission Arrangement (DCA), the higher the interest rate the dealer set, the more commission they earned. This created a clear incentive to charge you more.

How DCAs Worked
Lender’s base rate e.g., 5%
Dealer’s discretion Could add up to 3-5% extra
Your rate Could end up at 8-10%
Dealer’s commission A percentage of the extra interest you pay

The FCA banned these arrangements in January 2021, but millions of existing agreements were affected.


How Much Could You Be Owed?

The FCA’s review found:

Finding Amount
Average overcharge per customer Around £1,100
Total potential redress Potentially billions across all affected customers
Affected period Agreements from 2007 to January 2021
Affected products PCP and HP agreements arranged through dealers

Individual payouts depend on:

  • The size of your loan
  • How much your rate was inflated above the lender’s base rate
  • The length of the agreement
  • Whether you paid 8% statutory interest on top

Some consumers have reported successful claims of £1,000-£5,000, though amounts vary widely.


Are You Affected?

You may have been affected if:

✅ You took out car finance (PCP or HP) through a dealer between 2007 and January 2021

✅ The dealer arranged the finance (not you applying directly to a bank)

✅ You weren’t clearly told the dealer could set your interest rate

✅ Your interest rate was higher than the lender’s advertised rate

✅ The dealer didn’t present alternatives or explain their commission

You’re less likely to be affected if:

❌ You arranged finance directly with a bank or credit union

❌ Your agreement was after January 2021 (DCAs were banned)

❌ You used 0% finance or manufacturer-subsidised rates

❌ You bought from a private seller


How to Check Your Finance Agreement

Step 1: Find Your Paperwork

Dig out your original finance agreement. Look for:

  • The lender’s name (e.g., Black Horse, Close Brothers, Alphera, Santander)
  • Your APR / interest rate
  • The dealer’s name
  • Whether commission is mentioned

If you’ve lost it, contact the lender — they must provide you with a copy.

Step 2: Ask the Lender About Commission

Write to the lender (email or letter) and ask:

“Please confirm whether my finance agreement [reference number] included a discretionary commission arrangement (DCA). If so, please provide details of any commission paid to the dealer and how my interest rate was determined.”

The lender must respond within 8 weeks.

Step 3: Compare Your Rate

Was your APR significantly higher than:

  • The lender’s advertised rates at the time?
  • Rates offered to similar customers?
  • Your credit score would suggest?

Even if you had poor credit, an unusually high rate may indicate inflation by the dealer.


How to Claim Compensation

This is free and straightforward:

  1. Write to the lender — Explain you believe you were affected by a DCA and ask for redress
  2. Include: your name, agreement reference, approximate date of agreement, and that you weren’t told about discretionary commission
  3. Wait for response — The lender has 8 weeks
  4. If rejected: Escalate to the Financial Ombudsman

Template letter:

Dear [Lender],

I am writing to complain about my car finance agreement [reference number] taken out on [approximate date] through [dealership name].

I believe this agreement included a discretionary commission arrangement (DCA) that allowed the dealer to set my interest rate and earn more commission by charging me a higher rate. I was not made aware of this arrangement at the time.

I request that you:

  1. Confirm whether a DCA was used
  2. Provide details of commission paid to the dealer
  3. Explain how my interest rate was determined
  4. Offer redress if I was affected

I expect a response within 8 weeks.

Yours faithfully, [Your name]

Option 2: Financial Ombudsman Service (If Rejected)

If the lender rejects your complaint or doesn’t respond within 8 weeks:

  1. Submit a complaint to the Financial Ombudsman Service
  2. This is completely free
  3. The Ombudsman can order compensation if they agree you were treated unfairly
  4. Their decision is binding on the lender (but you can still reject it and go to court)

Option 3: Claims Management Companies (Avoid If Possible)

Claims management companies (CMCs) will handle the process for you, but:

CMC Fees
Typical fee 25-40% of your compensation plus VAT
On a £1,100 claim You could lose £330-£530
On a £3,000 claim You could lose £900-£1,440

They do the same thing you can do yourself for free. The Ombudsman process is designed for consumers — no legal knowledge needed.


Current Status of Claims

The FCA paused the normal time limits for motor finance complaints while they conducted their review. Key dates:

Event Date
DCAs banned January 2021
FCA review launched January 2024
Court judgment in Hopcraft case Clarified lenders’ duties
Normal complaint deadline 3 years from when you became aware (but extended by FCA pause)

The FCA has said lenders should not reject valid claims, and the Ombudsman is handling thousands of cases.


What If the Lender Has Gone Bust?

If the original lender no longer exists:

  • Check if they were bought by another company (who inherits complaints)
  • Contact the Financial Services Compensation Scheme (FSCS) if they were authorised
  • The FSCS can pay compensation up to £85,000 per person per firm


Summary

Step Action
1 Find your finance agreement or request it from the lender
2 Ask the lender to confirm whether a DCA was used
3 Lodge a complaint requesting redress
4 If rejected, escalate to the Financial Ombudsman (free)
5 Avoid claims management companies — they take 25-40%+

If you took out car finance through a dealer between 2007 and January 2021, it’s worth checking. The average successful claim has been around £1,100 — money that was yours all along.

Sources

  1. FCA — Motor finance review
  2. FCA — Discretionary commission arrangements
  3. Financial Ombudsman Service — Car finance complaints
  4. MoneySavingExpert — Car finance reclaiming