The UK’s Supreme Court’s recent ruling is preventing millions of drivers from claiming compensation for hidden fees paid on car loans, overturning an earlier decision that had opened up potential large-scale claims reminiscent of the PPI scandal. This ruling was based on three key cases involving lenders Firstand Bank and Close Brothers, who contested a previous ruling that deemed hidden fees paid to car dealers illegal before 2021.
The Supreme Court decided that car dealers do not have a fiduciary duty to prioritize customers’ interests over their own, stating that the dealers never explicitly guaranteed such commitment. Although this narrows the scope for compensation, some drivers may still be eligible, particularly those affected by discretionary commission arrangements, which incentivized dealers based on the interest rates charged.
The Financial Conduct Authority (FCA) is investigating these arrangements, which could result in a compensation relief scheme. Estimates suggest relief could total between £5-13 billion. Consumer advocates are urging the FCA to act swiftly in establishing this scheme, while government officials respect the ruling and plan to collaborate with regulators to address its impact.
Despite the ruling’s negative implications for many, some affected individuals, like claimant Marcus Johnson, have expressed mixed feelings, seeing it as both a victory and an unfortunate situation for others. Prominent financial figures are calling for urgent regulatory action to ensure drivers receive any compensation owed.
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