Important update

Vehicle finance discretionary commission complaints – information for customers

On 11 January 2024, the Financial Conduct Authority (FCA) announced that they’re going to undertake a review in the vehicle finance market.

 

The FCA’s review is due to the high number of customer complaints about discretionary commission arrangements, which the FCA banned in January 2021. This work is market-wide and affects all providers of vehicle finance that had discretionary commission arrangements in place.

 

If you think you might have been affected, the information below will give you more information and help you decide what you should do next. 

 

Updates following FCA announcement – 13 November 2024 
 

The FCA is consulting with the finance industry to decide whether to extend the time we have to respond to complaints about any commission payments linked to motor finance. 

   

What you should know:  

  • The FCA are due to publish a consultation paper within 2 weeks to gather views on the proposed extension. The FCA anticipates that any pause, if needed, should be implemented by mid-December 2024
  • If this extension is put in place, it will give lenders, like us, more time to efficiently and effectively handle any complaints and questions from customers.  
  • Previously, the FCA extended the time we have to respond to complaints about a specific type of commission payment, known as discretionary commission arrangements. You can read more about this further down this page.

 

This announcement followed a judgment by the Court of Appeal on 25 October 2024 which changed the legal standard needed for lenders like us to make customers aware of commission payments related to their finance. Close Brothers disagrees with the Court’s extension of the existing case law in this area, and we are currently seeking permission to appeal this to the UK Supreme Court. 
 

Enquire about a discretionary commission arrangement

STEP 1

Check your details to make a complaint about a potential discretionary commission arrangement


 

If you took out vehicle finance on a regulated agreement before 28 January 2021 you may be able to make a discretionary commission arrangement complaint.


Enquire online 



Our online form is the quickest way to find out if you had a discretionary commission arrangement for your motor finance, and to make a complaint. It takes less than 5 minutes to complete. Once you’ve submitted your enquiry, you’ll get an email receipt.  

For other types of complaint, or if you’re making an enquiry on behalf of someone else, contact our complaints team.



 

STEP 2

Our specialist complaints team will review your enquiry


 

We'll check your details to see if you have had motor finance with us. If we find you had a discretionary commission arrangement, we'll raise a complaint for you. 



 

STEP 3

We’ll be in touch once the FCA have completed their industry wide review on discretionary commission arrangements


 

While they carry out their review, the FCA have put in place a pause in responding to customers complaints about discretionary commissions arrangements. This will ensure complaints are dealt with fairly by all vehicle finance lenders. 

 


The pause is currently due to end 4 December 2025. 
 

The outcome of the FCA’s review will decide if we need to take any action on these complaints, such as customer compensation. 

Frequently asked questions

Discretionary commission arrangements

    Did my agreement have a discretionary commission arrangement?

    If your agreement was taken out before 28 January 2021, there may have been a discretionary commission arrangement in place.

    I took out finance on my vehicle after 28 January 2021, can I make a claim?

    On 28 January 2021, the FCA banned all discretionary commission arrangements. As a result, the work the FCA is going to undertake only looks at agreements that started before 28 January 2021.

    Scope of the FCA commission review

      Does the review only cover cars?

      We provide finance for cars, vans, motorcycles and leisure vehicles (like motorhomes).  All these types of vehicles are covered by the review.

      Does this apply to just new vehicles, or used as well?

      Both new and used vehicles which were financed prior to 28 January 2021. 

      Is the FCA’s review only looking at Personal Contract Purchase (PCP) agreements?

      Our current understanding is no. The FCA’s review covers Hire Purchase, PCP and Conditional Sale.

      Does this apply to businesses who took out finance on a vehicle, or is it only consumers?

      Our current understanding is it’s regulated agreements only, but we can confirm when we receive the outcome of the review.

      Does the review apply to customers in Northern Ireland?

      Customers in Northern Ireland are treated in exactly the same way as customers in England, Scotland and Wales, which means the announcement does apply to them.

      Does the review apply to customers in Ireland/Republic of Ireland?

      No. There is a different regulator with different regulations in Ireland and that means they are not impacted by this announcement.

      Vehicle finance commission complaints review process

        Am I entitled to compensation?

         At this stage, we can’t comment on any potential compensation customers may be entitled to. What we do know is on 11 January 2024, the FCA announced that they’re going to undertake work in the motor finance market.  

         

        This is due to the high number of complaints coming from customers regarding discretionary commission arrangements (DCAs) which existed prior to changes introduced by the FCA in 2021.  

        This work is market-wide and affects all providers of vehicle finance.  

         

        You can find out more about the FCA’s work on their website, which is https://www.fca.org.uk/consumers/car-finance-complaints

        If I log a discretionary commission complaint, when will I get a final decision from you?

        Normally, we must provide a response to your complaint within eight weeks, or let you know that we need longer.

         

        The FCA paused the requirement to respond to discretionary commission arrangement complaints while they undertake their review and decide what action, if any, will be required by firms for these complaints. 

         

        The pause is currently due to end 4 December 2025.

         

        If you submit a relevant complaint, you’ll have to wait until after the pause has ended for a final response. The FCA has taken this step to ensure complaints are dealt with consistently by all motor finance providers. 

         

        This pause is limited to only discretionary commission arrangement complaints. There are no changes to the timescales in place for all other complaints. 

        Why haven’t you responded to my complaint about a discretionary commission arrangement?

        We’re sorry for the delay. We’re currently dealing with a high volume of enquiries about discretionary commission arrangements, and we’re checking each case thoroughly. It may take us longer than usual to respond to some customers.

        What are my options if I am not satisfied with the outcome of my complaint about a discretionary commission arrangement?

        If you received your final response letter between 12 July 2023 and 10 January 2024, you now have the right to refer your complaint to the Financial Ombudsman Service (FOS), free of charge up until 29 July 2026. This is an extension to the usual six months which the FCA have introduced to allow them time to complete their review into the historical use of discretionary commission arrangements in the motor finance industry.

         

        For information on the service the Ombudsman provides can be found here.

        Why haven’t you been able to find my agreement with the information I submitted?

        Our automated process for matching and verifying the identity of our customers compares the information you submit against data held in our systems at the point your agreement ended.  If the information you provide doesn’t match our records, we won’t be able to find your agreement.

         

        Common reasons for this include:

        • If you’ve moved house and the address provided is not the same address we held at the time your agreement ended.
        • If the complaint is not brought by a customer named on the account, for example on behalf of a relative.
        • If your agreement was taken out more than six years ago, we’re far more likely to find it if you provide the agreement number.
        • If you’ve changed your name and it’s not the same as what we had recorded at the time your agreement ended.
        • If the agreement you had was with another part of Close Brothers, and unrelated to motor finance. For example, Close Brothers Premium Finance fund vehicle insurance policies.

         

        To be able to confidently match your complaint with a historical finance agreement we need the following information:

        • Agreement number OR vehicle registration
        • Date of birth
        • Full name (as at the end of your agreement)
        • Address and postcode (as at the end of your agreement)
           

        Why are the FCA extending the pause for responding to complaints about discretionary commission?

        The pause is currently due to end 4 December 2025. This is to give the FCA enough time to analyse the data they’re collecting from vehicle finance lenders and to assess the outcome of a judicial review of the Financial Ombudsman’s decision to uphold a discretionary commission arrangement complaint. The FCA’s next steps could involve consulting on a customer compensation scheme which will take time to plan for and carry out.

        Our complaints policy for discretionary commission arrangements


         

        For more information on our complaints handling procedures for discretionary commission arrangements you can download a copy of our complaints policy.