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April 24, 2025
Daniel Lee

How Martin Lewis’ DCA Template May Be Costing UK Consumers Their Compensation

Martin Lewis is a household name across the UK, widely respected for his financial advice and consumer advocacy. Recently, his campaign to use his Discretionary Commission Arrangement (DCA) template has so far encouraged over 2 million UK consumers to submit their motor finance commission claims.

However, while well-intentioned, this campaign has the potential to cause significant and lasting financial harm to the very people it aims to protect.


The Issue with the DCA Template

Martin Lewis’ free DCA template was designed to help consumers challenge motor finance agreements where a DCA was in place. In such cases, dealerships were incentivised to increase interest rates on motor finance loans in order to receive a higher commission from the lender.

Lewis has claimed that over 2 million people have already used the template to lodge complaints with their lenders. However, here lies the critical problem: less than half of all motor finance agreements actually involved a DCA.

As a result, the majority of people who submitted complaints using Lewis’ template have received rejections from their lenders—often because no DCA was found on their agreement. And this is where the damage begins.


The Hidden Impact of Rejection

For many consumers, receiving a rejection letter from their lender will understandably feel like the end of the road. They may assume that no wrongdoing occurred and that they simply don’t have a valid claim. But this is not necessarily true.

What Martin Lewis’ template fails to account for is the broader legal landscape currently unfolding. A landmark Court of Appeal judgment and a pending Supreme Court decision are poised to reshape the entire narrative around hidden commissions, not just DCAs.

These legal developments suggest that even if no DCA was involved, consumers may still be entitled to compensation if:

  • The lender paid any kind of undisclosed commission (not just discretionary),
  • That commission could be considered a “bribe” or incentive that influenced the sale of the finance agreement,
  • The size and secrecy of the commission affected the consumer’s decision-making, especially since the cost is ultimately borne by the consumer through inflated interest payments.

The Importance of Professional Representation

This is where the real danger of using a one-size-fits-all template becomes clear. Had consumers used a professional claims management firm or legal representative, their complaints would have been assessed and built holistically—taking into account all forms of hidden commission, not just DCAs.

A professionally submitted complaint would also preserve the consumer’s right to escalate their claim and potentially access compensation even if the initial grounds (like a DCA) were not applicable. It ensures their case aligns with ongoing legal developments and includes references to relevant case law and statutory breaches—something a basic template simply does not do.


Millions Could Miss Out

By relying solely on Martin Lewis’ DCA-specific template, millions of consumers may now believe they have no right to compensation, despite possibly having a strong claim under a different legal basis. This widespread misunderstanding has the potential to cause enormous financial harm.

Unless these consumers receive further guidance or support to revisit their claims more comprehensively, they may never recover the money they’re rightfully owed—money that could stretch into the thousands per person.


Final Thoughts

Martin Lewis’ advocacy has helped countless people over the years, and his intentions in this campaign were undoubtedly good. But good intentions don’t always lead to good outcomes.

The narrow scope of the DCA template has not only led to widespread rejections, but may also be discouraging rightful claimants from pursuing the compensation they deserve. In such a complex and evolving area of law, consumers are best served by professional advice and representation, not generic templates.

As the legal landscape continues to shift—and the Supreme Court weighs in—it is more crucial than ever that consumers revisit their claims and ensure they’ve covered all angles. The cost of inaction could be far greater than they realise.

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April 8, 2025
Daniel Lee

What is Motor Finance Commission?

In early April 2025 the Supreme Court heard one of the most important consumer financial arguments in decades, but what is motor finance commission?

Put simply, motor finance commission is an undisclosed payment made by the finance provider to the dealership so as to incentivise the dealership into offering one finance agreement to a consumer, over another finance agreement.

The motor finance industry has made every attempt to cover up the practice, and still argues that these payments are fair, transparent and reasonable.

However, as Mr Keir KC so eloquently explained during the Supreme Court hearing, these payments can only be considered as bribes.

The Types of Motor Finance Commission

In essence there are two types of motor finance commission, Discretionary Commission Arrangements and Fixed Commissions.

  • Discretionary Commission Arrangements, or DCAs for short, allow the dealership to increase the interest rate charged to a consumer so as to receive a larger commission from the lender. DCAs were correctly banned by the Financial Conduct Authority in 2021 as they cause significant consumer harm.
  • Fixed Commissions do not allow for the dealership to increase the interest rate offered by the lenders. Fixed Commissions have not been banned but it is clear that they are equally harmful to consumers and we’ll explain why.

Fixed Commission – Scenario One

Mr Smith is looking for a new car and visits his local dealership

Mr Smith explains to the dealership that he requires finance to fund the purchase of a new car.

The salesperson asks Mr Smith if he has a budget in mind – IMPORTANT – this seems like a helpful question but it will be used against Mr Smith – Mr Smith responds and says his maximum monthly budget is £400.00

Mr Smith settles upon the car he wants and sits down with the salesperson, who takes some details from Mr Smith so that a credit application can be submitted.

The salesperson then takes Mr Smith’s details away to the office, telling Mr Smith that they will find him the best deal – IMPORTANT – Mr Smith rightly assumes this will be the best deal for him – Mr Smith is left to have a look around his potential new car.

The salesperson puts Mr Smith’s details into the dealership computer system, and is provided with the following offers:

  • Lender A offers a monthly payment of £320.00 with no commission (bribe) payment to the dealership.
  • Lender B offers a monthly payment of £350.00 with a commission (bribe) payment to the dealership of £500.00.
  • Lender C offers a monthly payment of £380.00 with a commission (bribe) payment to the dealership of £1,000.00.
  • Lender D offers a monthly payment of £410.00 with a commission (bribe) payment to the dealership of £1,500.00.

The salesperson goes back out of the office and returns to Mr Smith… “Good news Mr Smith, I’ve got you the deal and it is within your budget”.

The salesperson puts the offer from Lender C – £380.00 per month to Mr Smith, who then signs the finance agreement.

Why did Mr Smith happily sign the finance agreement?

  • It is within his budget of £400.00 – he got the deal for £380.00.
  • The dealership told him that it would get the best deal.
  • Mr Smith was not made aware of the better deals available to him.

Mr Smith ultimately paid more interest than he could have paid, and even paid for the commission (bribe) via the increased monthly payments on his finance agreement.

Discretionary Commission Arrangement – Scenario Two

Let’s pick things up from the moment the salesperson takes Mr Smith’s details and takes them to the office, leaving Mr Smith with the car and the knowledge that the salesperson will find the best deal.

The salesperson puts Mr Smith’s details into the dealership computer system, and is provided with the following offers:

  • Lender A offers a monthly payment of £320.00 with no commission (bribe) to the dealership.
  • Lender B offers a monthly payment of £350.00 with a commission (bribe) to the dealership of £500.00.
  • Lender C offers a monthly payment of £380.00 with a commission (bribe) to the dealership of £1,000.00.
  • Lender D offers a monthly payment of £320.00 with a commission (bribe) to the dealership of £300.00 – However, the lender allows the dealership to increase the monthly payments if it wants to earn a bigger commission – For every £10.00 increase in monthly payment the dealership earns an extra £100.00 commission.

The salesperson goes back out of the office and returns to Mr Smith… “Good news Mr Smith, I’ve got you the deal and it is bang on your budget”.

The salesperson puts the offer from Lender D – £400.00 per month to Mr Smith, who then signs the finance agreement.

The dealership increased the monthly payments from £320.00 to £400.00, thus earning an increased commission (bribe) of £1,100.00.

Why did Mr Smith happily sign the finance agreement?

  • It meets his budget of £400.00.
  • The dealership told him that it would get the best deal.
  • Mr Smith was not made aware of the better deals available to him, nor the fact the dealership increased his interest rate.

Regulator & Government Intervention and Cover-Up

The primary role of the Financial Conduct Authority (FCA) is to protect consumers from financial harm.

However, it took the side and supported lenders and the motor finance industry at the Supreme Court hearing.

The government also has a clear duty and obligation to protect its citizens.

However, it attempted to intervene at the Supreme Court hearing by suggesting a win for consumers could cause serious financial harm for the motor finance industry.

The conduct and positioning of both the regulator and the government must call into question their integrity as both seek to protect business over consumer rights.

Martin Lewis’ lack of knowledge and potential harm

Martin Lewis, the self proclaimed consumer champion, has suggested that a victory for consumers against fixed commission goes too far.

This shows a lack of understanding and the harm caused by ALL types of undisclosed commission.

The quick and simple fix

For decades consumers have been ripped off by lenders taking advantage of poor regulation.

Now is the time for the Supreme Court to set the standard and expectation by banning undisclosed commissions (bribes).

Lenders and dealerships must be transparent with consumers, clearly providing ALL options available and clearly displaying any and all commission payments to be made.

Failing that, there will inevitably be yet another financial scandal in the not too distant future.

What Is Motor Finance Commission

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April 2, 2025
Daniel Lee

The FCA’s Scandalous Intervention in the Supreme Court Motor Finance Case

As the Supreme Court prepares to decide one of the most significant consumer cases in recent years, the Financial Conduct Authority (FCA) has taken a position that has left many observers stunned. At the heart of the case lies the issue of undisclosed commission payments in motor finance agreements — a practice that many argue amounts to bribery by any other name.

Yet, rather than aligning itself with the millions of consumers affected by this latest in a long line of financial mis-selling scandals, the FCA has chosen to intervene in support of the very lenders responsible for the sole purpose to save its own embarrassing failures in allowing such practices to flourish.

A Supreme Court Battle Over Bribery and Fairness

The ongoing legal battle centres on whether car finance providers and brokers acted unlawfully by failing to disclose commission arrangements to customers — guiding consumers to more expensive finance agreements that paid more commission to dealerships.

Lower courts have already indicated that this kind of commission structure can amount to a breach of duty or even a form of bribery. Consumers were left in the dark while dealers profited unfairly — all under the umbrella of supposedly regulated practices.

The Supreme Court is now asked to rule on these practices and whether consumers are entitled to redress for the hidden costs and conflicts of interest.

The FCA’s Shocking Position

Instead of standing up for consumers and ensuring fairness in financial services — as it is mandated to do — the FCA has intervened in the Supreme Court case to support the lenders.

This intervention has raised eyebrows across the legal and financial sectors. It follows a worrying pattern of regulatory leniency and a failure to act decisively in previous scandals such as PPI and interest rate hedging products.

Rather than protecting consumers, the FCA’s position appears to defend the integrity of a system already proven to be fundamentally flawed.

Protecting the Industry at the Expense of Consumers

The FCA’s reasoning seems to stem from a desire to protect the financial stability of motor finance providers — even if that means undermining consumer trust and turning a blind eye to unethical practices.

This is not just a poor judgment call — it is a scandalous dereliction of duty from the body charged with regulating financial conduct in the UK. By siding with the lenders, the FCA risks being viewed not as a consumer protector, but as an industry enabler.

What Happens Next?

The Supreme Court will soon issue a ruling that could unlock billions of pounds in compensation for mis-sold motor finance agreements. Whatever the outcome, the FCA’s intervention has already done serious damage to its credibility.

Consumers deserve a regulator that fights for fairness, not one that shields corporations from the consequences of their own misconduct.

Conclusion

The FCA’s intervention in this landmark case is nothing short of disgraceful. While the courts examine whether customers were effectively the victims of behind closed doors bribes, resulting in them signing inflated finance deals, the FCA has made its stance clear — and it’s not on the side of the public.

This moment must serve as a wake-up call. Regulatory reform is needed, and consumer trust must be rebuilt — not sacrificed to protect those who profited from deception.

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March 28, 2025
Daniel Lee

The Five Supreme Court Justices Presiding Over the Motor Finance Supreme Court Hearing

As the motor finance commission mis-selling scandal reaches the highest court in the land, attention turns to the five senior Justices of the UK Supreme Court who will decide a case with monumental implications for UK consumers, financial transparency, and future mis-selling redress claims. The hearing, expected to be one of the most consequential in recent legal history, will be presided over by:

  • Lord Reed (President of the Supreme Court)
  • Lord Hodge (Deputy President)
  • Lord Lloyd-Jones
  • Lord Briggs
  • Lord Hamblen

Each of these Justices brings a wealth of experience, legal intellect, and a commitment to justice. Their decision will set a defining precedent for the treatment of undisclosed motor finance commission payments in consumer car finance agreements.


Lord Reed – President of the Supreme Court

Lord Robert Reed has been President of the Supreme Court since 2020. A distinguished jurist and former law professor, Lord Reed is known for his meticulous legal reasoning and emphasis on constitutional and human rights principles. He has a reputation for balancing detailed legal interpretation with fairness, making him a pivotal voice in consumer protection-related decisions.

His judgments often explore not just what the law is, but what it should aspire to be. Lord Reed’s leadership ensures that this case will receive the analytical rigour it demands.


Lord Hodge – Deputy President

Lord Patrick Hodge is a respected authority in both commercial and public law. Prior to his appointment to the Supreme Court, he served as a Lord of Session in Scotland and held senior legal advisory positions. His expertise in financial regulation, commercial disputes and contractual law will be especially relevant in dissecting the structure and implications of discretionary commission arrangements (DCAs).

Lord Hodge is known for his precise, technical judgments and his grasp of the underlying commercial realities in complex financial disputes.


Lord Lloyd-Jones

With a background as a Law Commissioner and expert in international and administrative law, Lord Lloyd-Jones brings a balanced and principled approach to judicial reasoning. He has dealt with a variety of regulatory and consumer-related cases, and his inclusion on the panel signals a focus on public interest, fairness, and regulatory compliance.

He has often emphasised the rule of law and the need for clarity in the obligations of financial services firms, particularly under FCA rules.


Lord Briggs

Lord Michael Briggs has long been associated with civil justice reform, particularly improving access to justice. His work on the development of online court systems and procedural efficiency reflects a commitment to ensuring that legal processes work for ordinary individuals.

As a former commercial and chancery judge, Lord Briggs is deeply familiar with the structure of car finance agreements, lender-broker relationships, and legal duties of disclosure. His experience makes him well-placed to assess whether non-disclosure of commission breaches the principles of fairness and legality.


Lord Hamblen

Lord George Hamblen is a former commercial barrister with a focus on insurance, shipping, and financial litigation. His commercial acumen and deep understanding of contractual interpretation and fairness are likely to be influential in assessing the agreements between consumers, brokers, and lenders.

His judicial record demonstrates an ability to cut through complexity and focus on the core legal principles of duty, transparency, and consumer protection.


Why Their Judgment Matters to UK Consumers

The decision these five Justices reach will likely have ramifications for millions — if not tens of millions — of UK consumers who may have been mis-sold motor finance agreements through hidden commission models.

It will also send a strong signal to the financial services industry about the standards of commission disclosure, regulatory compliance, and treating customers fairly under the FCA’s consumer duty.

If the Supreme Court finds in favour of consumers, it could unlock tens of billions of pounds in compensation and establish a new benchmark for how fairness and transparency are applied in financial contracts.


Conclusion: A Landmark Ruling in the Making

With a panel of Justices as experienced, principled, and analytically rigorous as Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Briggs and Lord Hamblen, we trust the consumer rights and fairness are being considered at the very highest level of legal authority.

This is not just a test case on motor finance mis-selling — it is a litmus test for how justice, consumer rights, and transparency are upheld in the modern financial era.

The upcoming judgment has the potential to reshape and improve the landscape of car finance claims, redefine legal obligations in financial services, and restore confidence in fair outcomes for ordinary consumers across the UK.

Motor finance Supreme Court hearing

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March 26, 2025
Daniel Lee

Barclays v the Financial Ombudsman Service: Why Barclays Is Doomed to Fail at the April 2025 Hearing

On 1st April 2025, the financial world will witness a pivotal legal confrontation: Barclays v the Financial Ombudsman Service (FOS). The case is attracting considerable attention as it represents one of the most direct challenges to the authority and decision-making power of the FOS in the context of motor finance mis-selling complaints.

But make no mistake—Barclays is facing an uphill battle, and here’s why their legal challenge is almost certainly doomed to fail.


1. The Context: Motor Finance Mis-Selling & Commission Non-Disclosure

At the heart of the matter is the systemic practice of paying hidden commissions to motor dealerships. The Financial Conduct Authority (FCA) has already confirmed that an estimated 40% of motor finance agreements involved discretionary commission arrangements (DCAs)—a structure that incentivised dealerships to inflate interest rates.

The Financial Ombudsman Service has found against Barclays in January 2024, correctly stating that non-disclosure of commission breaches principles of fair treatment and transparency, leading to successful compensation awards.

Barclays, as a major motor finance provider, is seeking to overturn the FOS’s jurisdiction or reasoning. But their challenge is built on very shaky foundations.


2. The Legal Framework Supports the Ombudsman

Under the Financial Services and Markets Act 2000 (FSMA), the FOS is given broad discretion to make decisions based not solely on the letter of the law but on what is “fair and reasonable in all the circumstances.”

This unique standard of review is something Barclays cannot easily sidestep. Courts have consistently upheld the independence of the Ombudsman and confirmed that it is not a court of law, but a mechanism for consumer redress that operates outside of traditional litigation standards.

In short, Barclays is trying to use legal technicalities to defeat a process that isn’t designed to be constrained by such technicalities.


3. Judicial Precedent Is Not on Barclays’ Side

Courts have long supported the autonomy of the Ombudsman to reach decisions that protect consumers, even when such decisions diverge from how a court might rule. Past challenges to the FOS have rarely succeeded, particularly when they rely on claims of legal error rather than procedural unfairness.

With potentially millions of complaints pending, the judiciary is unlikely to sympathise with what could be interpreted as a tactical attempt to delay redress or undermine a public body acting within its statutory powers.


4. Public and Regulatory Pressure

The broader environment is one of increasing scrutiny of financial institutions and stronger support for consumer protection. The FCA’s pause on motor finance complaints until December 2025 is temporary, and a wave of claims is expected to follow.

Barclays pursuing this case, at a time when consumers are demanding accountability, may backfire. The media narrative is already painting the bank as attempting to dodge responsibility, and a loss in court will only strengthen that image.


5. Why the Outcome Matters

If Barclays fails in its attempt to challenge the Ombudsman, it will send a powerful message to other finance providers: the era of non-disclosure and profit-driven commission models is over.

And with an average redress expected to be approximately £1,500 per successful DCA complaint, the financial implications are enormous.


Conclusion: A Losing Battle in the Making

Barclays may have deep pockets and skilled legal teams, but in this fight, the strength of the law, the principles of fairness, and the tide of public opinion are all against them. Their 1st April 2025 hearing could mark the beginning of the end for corporate resistance to consumer justice in the motor finance sector.

Barclays isn’t just challenging the Ombudsman. They’re challenging the very notion that fairness should triumph over fine print.

And that is a fight they are bound to lose.

Barclays v the Financial Ombudsman Service

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March 11, 2025
Daniel Lee

FCA Proposes Redress Scheme for Motor Finance Mis-Selling – Challenges and Consumer Action

The Financial Conduct Authority (FCA) has today announced its intention to consult on an industry-wide redress scheme for customers affected by the motor finance commission scandal. This development stems from the upcoming Supreme Court hearing, which followed the widespread use of discretionary commission arrangements (DCAs), where car dealers received undisclosed commissions from lenders, resulting in higher interest costs for consumers. (Source)

Your Money Claim’s Stance on the Proposed Redress Scheme

At Your Money Claim, we fully support the implementation of a redress scheme to ensure that ALL consumers who were mis-sold motor finance agreements receive the compensation they deserve. Such a scheme would streamline the process, making it more efficient for affected individuals to claim the compensation they are due.

Lessons from the PPI Scandal

It’s important to note that a similar redress scheme was proposed during the Payment Protection Insurance (PPI) scandal. However, despite the widespread systemic mis-selling, a formal scheme did not materialise. Financial institutions resisted the implementation of a mandatory scheme that would have required them to proactively contact every affected customer and offer compensation. This resistance was primarily due to the significant financial implications and operational challenges associated with such an undertaking.

Challenges in Implementing a Comprehensive Redress Scheme

  • Industry Resistance: Financial institutions may oppose a scheme that obligates them to reach out to all previous customers, as this could result in substantial compensation payouts, amounting to tens of billions of pounds. (Source)
  • Customer Relocation: Over the years, many consumers have likely changed addresses since entering into their motor finance agreements. This mobility poses a significant challenge in contacting all affected individuals, potentially leaving many unaware of their eligibility for compensation.

The Importance of Consumer Proactivity

  • Awareness: Stay informed about developments related to the scandal and understand your rights as a consumer. Your Money Claim continues to keep its customers updated on all the latest news.
  • Action: If you suspect that you may have been mis-sold a motor finance agreement due to undisclosed commissions, consider filing a complaint with the lender or seeking assistance from claims management companies like Your Money Claim.

Conclusion

While the FCA’s announcement is a positive step towards addressing the injustices faced by consumers, the road to a comprehensive redress scheme is fraught with challenges. Industry resistance and logistical hurdles may impede the process, making it imperative for consumers to remain vigilant and proactive in claiming the compensation they are entitled to.

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