Table of Contents
- Court rules that brokers owe clients a high level of transparency about commissions
- Last week, Close Brothers took a break from writing new auto finance deals.
Lloyds is assessing the “potential impact” of a recent court ruling into a dispute over motor finance commission settlements which could have major implications for the sector.
The Court of Appeal on Friday ruled in favor of three plaintiffs – Johnson, Wrench and Hopcraft – in a dispute over motor finance commissions, ruling that brokers owe a high degree of transparency to clients about how these costs are calculated.
It forced Close Brothers to temporarily suspend the writing business, and the ruling set a much higher bar for client disclosure requirements.
Analysis: Lloyds Banking Group is assessing the “potential impact” of a recent court ruling that could result in billions in compensation for motorists
The court said on Friday there was “no doubt” that the commission was kept secret from the plaintiff, while in the other two cases, the plaintiffs were not told a commission would be paid.
The judges said car dealers could only legally receive a commission from a lender if they received the customer’s “fully informed consent” for payment.
Following the decision, Close Brothers Group saw its share price fall by around a quarter as it suspended all new loans.
The FTSE 250 group warned the ruling could set a precedent for claims leading to “significant liabilities”.
Lloyds, owner of Black Horse, another prominent car finance provider, told investors on Monday that the ruling sets a “higher standard” for disclosure of such fees than previously expected.
He added: ‘The group is assessing the potential impact of the decisions, as well as any wider implications, pending the outcome of the appeal applications. The group will update the market when necessary.’
Since January, the Financial Conduct Authority has been investigating the historic sale of “discretionary commission arrangements” (DCA).
Before their ban, DCAs allowed dealers and brokers to choose the interest rate on a car buyer’s financing agreement.
This incentivized brokers to charge customers higher rates regardless of other factors, such as the value of the loan, the length of the agreement, or the customer’s credit score.
Last month, the FCA extended the pause until the deadline for vehicle finance lenders to provide their final response to customer complaints relating to DCAs.
Some experts are concerned that delays in granting compensation will seriously affect banks’ balance sheets and their ability to lend money.
Stephen Haddrill, chief executive of the Finance Leasing Association, said last Friday’s ruling was “significant and unexpected” and would have consequences “that extend far beyond the car finance sector”.
Analysts at Shore Capital said on Monday: “An outstanding question for us is whether the ruling can be extrapolated more broadly to include other loan arrangements in which a commission is paid to a third party as an incentive to distribute a loan.”
“For example, the ramifications of this could be enormous if mortgage distribution, which is a largely intermediated industry, was included, although there is no suggestion at this time that this could be the case.”
Lloyds banking group shares were 1.9 per cent lower at 56.6p on Monday morning, while Close Brothers Group Shares continued its downward trajectory, falling 8.5 per cent to 253p.
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