14 million to get mis-sold car finance compensation!

9 Oct 2025 · 59 min

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In short

The Martin Lewis Podcast - Episode Summary: "14 Million to Get Mis-sold Car Finance Compensation!"

Podcast Overview Podcast Title: The Martin Lewis Podcast Description: Martin Lewis answers your financial questions, offering valuable money-saving tips. Episode Title: 14 million to get mis-sold car finance compensation! Episode Description: In this episode, Martin Lewis discusses the UK's car finance mis-selling scandal, detailing a new £8.2 billion redress scheme that could affect 14 million individuals. He covers eligibility for compensation, the claims process, and what to expect moving forward.

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Key Topics Discussed

Introduction

  • Martin introduces the podcast and the primary focus: car finance mis-selling and the potential compensation scheme.
  • Acknowledges the complexity of the topic; introduces Rosie, a team member, for clarification and fact-checking.

The Regulatory Update

  • The FCA (Financial Conduct Authority) announced a proposed redress scheme for car finance mis-selling.
  • Estimated payout of £8.2 billion affecting 14 million arrangements.
  • The scheme is set for implementation in early 2026.

Mis-selling Explained

  • Three Original Sins of mis-selling:
  • Discretionary Commission Arrangements (DCA): Dealers increased interest rates without customer knowledge.
  • Contractual Ties: Dealers misleadingly claimed to source competitive rates but often only worked with one lender.
  • Unfairly High Commission: Instances where commission was excessively high, distorting the market.

Steps to Claim Compensation

  • Individuals who have been missold should:
  • Submit complaints, even if they haven’t done so previously.
  • Understand that firms will automatically assess complaints for all three categories of mis-selling.
  • Opt-in vs. Opt-out:
  • If you have not complained yet, you will be contacted once the scheme starts, and you must opt-in to participate.
  • If you have complained, you will automatically be included unless you choose to opt-out.

Compensation Details

  • Average compensation expected is around £700 per person, with variations based on individual circumstances.
  • Detailed explanation of the calculation methods for compensation payouts, noting that:
  • Compensation is structured to be between the total commission paid and the market loss incurred.
  • In cases of extremely high commission, full commission and interest may be reimbursed.

FAQs Addressed

  • Eligibility for Claims: Clarified that even if a loan was interest-free or if the finance company is no longer in business, individuals may not be eligible for claims.
  • Claims for Deceased Relatives: Yes, claims can be made by beneficiaries for relatives who passed away before making a claim.

Final Thoughts

  • Emphasizes the importance of staying informed and proactive about potential claims.
  • Advises listeners to check for updates in future podcasts as the situation evolves.
  • Encourages sharing podcast information to help others affected by mis-sold car finance.

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Conclusion

  • Martin wraps up the episode, encouraging listeners to subscribe and inform others about the podcast for ongoing financial insights and guidance.
  • Announces the typical release schedule for new episodes and invites listeners to submit questions.

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Contact Information

  • For questions, email: [martinlewispodcast@bbc.co.uk](mailto:martinlewispodcast@bbc.co.uk)
  • Martin Lewis: Founder of moneysavingexpert.com.

Important Notes

  • Offers and rates mentioned are accurate at the time of recording but may change over time. Always verify details for accuracy.

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Transcript

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0:00Hello, I'm Martin Lewis and this is the cunningly named The Martin Lewis Podcast. I do wonder what that's going to be about. Now, usually much of it comes from my BBC Radio 5 live show with Adrian Childs, but there's also bonus money-saving tips just for you lucky, lucky podcast listeners. Play the theme tune. I got bills. I gotta pay. So I'm gonna work for the world every day. I gotta mouth. I gotta feed. So I'm gonna make sure everybody eats. There is only one story in town today when you live in my world, and that is car finance misselling reclaiming. 14 million car finance arrangements are said to have been missold.

0:43It's going to be an average payout of£700 per person. It's going to affect huge swathes of people across the country. And what people want to know from me is, will I get it? Why will I get it? How much will I get? And what do I have to do? and I hope to answer all that and more over the next hour. OK. You've got two for the price of one here today. This is Robin to your Batman? Well, yeah, exactly. This is Rosie, who is on my team and who does car finance with me, and because this is such a new and complicated subject, I brought Rosie into the studio to live fact-check me so that if I get anything technical wrong, she's going to kick me under the table and give me a quick note to say, actually, it's this, because this is all brand new, and it's huge and very complicated.

1:28Can I just say hello to Rosie? I won't ask her anything. Hello, Rosie. Hello. There you go. What's he like to work with? No, I'm joking. If he needs kicking, can you just give me the nod and then I'll do the kicking? OK. You are allowed that after Mastermind. I think it's fair. OK. Right. And I should, I suppose, there's another caveat I will do on that. We've just learnt all this. We are still, you know, there's one bit of information that I had been saying that is different this morning. It is changing all the time. We're not fully there yet. So we've dotted it with many I's and crossed as many T's as we can.

1:59There is still a little bit of riddle room to be given here. OK, so, right, I've got lots of listener questions to get all the information we need. Before I do, what is the latest update? So what has happened this week is the regulator, the FCA, has announced its proposed redress scheme. So there are two ways to get redress on car finance misselling. One is go to court and the other is go via the regulator. And that means you won't have to go via the ombudsman. And the regulator is going to set up this scheme at some point in early 2026. What it's announced is what it plans to do. It's put that out for a consultation.

2:35The consultation launched the other day. When they say consultation at this stage, what that really means is this is what we're doing. We legally have to give a chance to firms and consumer groups to have their say on it. We are very unlikely to change any of the major points, but there might be a little bit of wriggle room around the edges. So, for example, we'll be replying to the consultation. One of the things we're concerned about is when firms have to communicate with you that they may be seen as scams. How do we make sure that doesn't happen? So it's the edges that will be moved in the main rather than anything too material.

3:10So I really want you to understand when I say the court and going through this route, what the regulator has done is pretty unprecedented. in the way that this is going to operate. It's going to be, you know, they're estimating up to£8 billion will be paid out. And this is the easiest form of redress scheme I have seen. So for people who have been missold, this is going to be absolutely the easiest way to get money back. I think if you look at the amounts, there has perhaps been a small compromise on the amounts that people will get to stave off firms doing a judicial review to stop the regulator.

3:43So there is an argument that if you were to go through the court route, though you'll probably need a lawyer or a claims management firm to do that, and they will take 30 % of what you get, and you'd have to be more aggressive and it's not guaranteed, and there are costs there, that there is a chance you would get paid out more. But for where I sit on this, and I want to state this at the start is, most people when they get in touch with me, all they're saying is when. When is this going to happen? Am I going to get my money? I've been waiting so long. I just want this to happen and I want it to be simple.

4:10And the regulatory route is providing an easy, simple and relatively quick route from this point onwards for people to get their money back. So that's the one I'm going to be talking you through. Okay, can I ask you a very basic question? What is the original sin briefly here? There are three original sins. Okay, so when this first started in January 2024, the main type of mis-selling I was talking about, and you know I've got 3.25 million complaints through my template letter on this, was discretionary commission arrangements. That's where you went to a dealer or broker to get your car and they increased the interest rate that you would be charged in order to get more commission.

4:57So you were charged a higher interest rate so they got more commission. That was done and in all of the different cases without telling you. If you were told, and it's virtually unthinkable that you were told, you very rarely were, but if you were told, you weren't missold. But if you were not told you were on a discretionary, and that's the key word, commission arrangement, and your interest rate was increased, that is deemed to have been missold to you, because you should have been notified why you were getting it up, and it's deemed to be uncompetitive. That was the original sin. And that is what of the 11.5 million missold DCAs on PCP and HP deals between April 2007 and January 2021.

5:44Now, people are going to say, hold on, I thought you could go up to November 2024, because they've heard me say that elsewhere. But on the DCAs, they stopped in January 2021, they were banned. So if your claim is on a DCA, it's only up to January 2021. Then we have this case that went through the Supreme Court And initially the Supreme Court was basically saying That car dealers had a right to protect you And look after the way that you were And they were acting as your agent And if they hadn't acted as your agent properly You were missold That was when it was going to be enormous amounts of payout For even more people Supreme Court squashed most of that And said they weren't effectively acting of your agents They didn't have that responsibility But within that judgement There was a Johnson case that it did uphold And the Johnson case brought up a number of different issues.

6:29One was the level of commission, how high the commission was. And the other was, were they actually pretending that you were being given the best deal from across the market, but you weren't really? So those are the other two sins that people have been missold by that are coming in the regulatory process. So you understand discretionary commission arrangements. Yes. Let's do the other two now. Let's go through what the sins are. The next one is a contractual tie. So what happened here, and this happened in the Johnson case, is you went to get your car finance and they effectively said something like, yeah, we're going to go and find you your best deal from a panel of lenders.

7:08But they didn't go to a panel of lenders. What they did is they had one lender who had a first call. So if that lender wanted your custom, that's the loan that you were given rather than being a competitive market. So they weren't testing the market, having indicated to you that they were. And if they didn't disclose that to you, then you were missold due to a contractual tie. That is 3.2 million arrangements. DCA is 11.5. This is 3.2. The third one is where it is deemed, and again from the Johnson case at the Supreme Court, that the commission was so high in its own right that it was a market distortion.

7:45Now, this comes at two different levels of commission. The first is if the commission was over 35 % of the cost of the credit and over 10 % of the total loan amount, it was deemed that in its own right, even if nothing else was wrong, unless you were told how high the commission was, you were missold. The second level is if it was over 50 % of the cost of credit and over 22.5 % of the loan value, then it was also deemed too high but you actually get more compensation and we'll come into the amounts of compensation. And there are 2.9 million high commission cases. So to run through all those, discretionary commission arrangements, they charge you more interest, the contractual tie, they didn't tell you they were only really going through one lender in most cases, and unfair high commission are the three sins, as you call them, that people are due to get money back.

8:40Now some may go, hold on, you've just got about 17, 18 million cases. I thought you said there were 14 million. That's because in some cases, there was more than one of them. If there was more than one of them, you still only get the same amount of compensation. It's worth saying that. And it's also just to note, and we'll come on to more of this in detail, if you've complained about one of them, and the vast majority of people who've complained so far have complained about discretionary commission arrangements, because that's what my template is, and that's 3.25 million complaints. We hear there's 4 million overall.

9:08So it's the majority of them. Then the regulator is telling firms they must still look at the other two automatically. They You must consider them even if you haven't complained about them. So hopefully that's giving you a start to see what the mischief that's trying to be sold by the regulator is. Yeah. How's he doing so far, Rosie? Yeah? Very good, yeah. You see, every so often... I mean, I am her boss. We have to be careful about that. No, but every so often she gives an approving little nod. Good. I swear that's it. And if I had somebody like that, I'd be trying to elicit that little nod the whole time.

9:40I can't even see because I'm looking at you, so you get the nod and I don't. Well, next time she does it, I'll give you one of them. OK, so Jodie, how do we know whether to put a complaint in or not? What are the next steps for those who aren't very clued up on this stuff? OK, so if you have not put a complaint in, we need to go through what is going to happen. if you haven't put a complaint in what the firms are supposed to do once the redress scheme starts sometime in early 2026 is they are supposed to identify everybody they believe has been missold you will then be contacted they're calling it a letter but that hasn't been defined yet whether it's a letter or an email or what form of contact within six months of the start of the redress scheme and you will then have a choice to opt into a complaint so that's the point you will then have to say I want to be part of the complaint because they've identified that you were missold.

10:37If you have already complained by the time the redress scheme starts, then you will be contacted and you have to opt out. So you will automatically be in the complaint scheme unless you choose to opt out. Ask me in a moment why some may choose to opt out. That's important. But just to explain this... Make a note, Rosie, remind me if I forget. Okay, good. No, Rosie's with me. You can't tell Right. So if the reason I'm phrasing it that way is my view, and when I was talking to the boss of the regulator on this the other day, he agreed, is you would be better to be in the cohort of people who have complained and therefore it will happen unless you opt out than in the cohort of people that they have to contact and you have to opt in.

11:24Do you understand? Do you understand why? So my view is that means people should be putting in a complaint now before the scheme starts so that you're in the right position. You're in the opt out, not the opt in. But, and I'm going to be really blunt here, and I hope I'm not breaching rules by saying this, the template letters that I have on my site that Rosie manages only talk about one of the three streams of complaining at the moment. And they also only include the firms that had offered discretionary commission arrangements because there are some firms that didn't. We, over the next few weeks, are working to change the letter and add all the other firms into the automatic complaint process.

12:06and that's what Rosie's going to be focusing on actually. And that's one of her main jobs over the next few weeks. So as there is no harm in waiting a month or so, because you don't need to use a claims firm for this because this is all going to be automatic. I mean, there's just no point. As there's no harm in waiting, I would say I would sit on your hands for about a month or so and let us and other people who are doing similar things get all our ducks in a row to get this right for you because now we know what the redress scheme is and we have strict dates on the redress scheme. So it is for PCP and HP deals between April 2007 and November 2024.

12:45Obviously, DCAs are earlier, but contractual misselling and unfairly high commission could be up to November 2024. There is no harm in waiting as long as you get this in before the redress scheme starts in some time in the beginning of next year. So you would probably, the best thing to do is to put a complaint in. The easy way to do that is to use one of the free tools that are out there, including the one that I have. but those free tools aren't quite up to speed yet so you may as well wait a month and do it then and we can talk about that again in a month's time. So that is my answer. Yes put a complaint in if you had a PCP or HP deal between those times and some may be saying hold on not everyone was missold why are you encouraging everybody to do it and here's why.

13:22Because all those three sins discretionary commission arrangements, contractual tie, an unfairly high commission, the big sin is that you weren't told about them. So you do not know if you were missold. You cannot find out if you were missold without asking, was I missold? That's the whole problem here. So it isn't, I'm just encouraging everybody to do it even if they weren't missold. Actually, the premise of the template letter we've drafted, the primary premise is to say, did I have a discretionary commission arrangement? And it will also be saying, was I contractually tied and how high was my commission?

13:55Because none of that was disclosed. And that's the sin. So the only way, you have to do the search, the discovery, before you do the complaint, and that's what the letters do both. A couple of questions come in. Tell me to ask you this later if it gets in the way. A couple of people, John in Woodside Park and Richard in York, both asking if the loan was interest-free. Do I still qualify for a complaint? No. Right, OK. And a couple of people, Toby in West Sussex and on, asking does this cover lease contracts via... Only PCP and HP. Okay. Okay. And not business? No, this is consumer. Consumer. Well, the definition of business is interesting.

14:35If you bought it and it wasn't primarily for business use, that you can do it. So there's a commuting sort of crossover in there. Sort of how much of it was for business? I mean, if you've gone and bought a truck for your limited company, no. Okay. Right. But if you've got a hybrid domestic van thing, then maybe yes. Okay. Okay. Have I asked... We do the opt-out. I've got to ask you that thing. So if they come to you and they ask you whether you want to opt out of something, why on earth would you do that? I go back to how I started this in the first place. There are two routes for doing this.

15:10The FCA route, the regulatory route, is the easy, simple, quick, no-hassle route. The more militant route is going to court. You may decide at that point that you think you're going to get more from going to court and you feel competent and capable to do so and you are willing to have that fight. That is not a judgment I will make for people. I'm mainly going to be focusing on the FCA route. But if you chose to do that, then you need to opt out of the FCA system. It's worth noting, if you do opt out of the FCA system, you cannot opt in again. So it's a one-time only decision that you're making.

15:50So you go out of that and then you say, either I don't want the money because I don't think I've been missold and maybe there are some people who have that on a principal decision or I'm going to go and do this myself and I'm going to go through the court route. And if you want to do that, that's why you have the chance to opt out because you might say you wanted to do that. And I'm not saying it's wrong, but it's not the route I will be supporting because of listening to my listeners and having done PPI and having done bank charges and similar things in the past. The huge majority of people who are following the type of stuff that I do and want help, they just want easy and simple.

16:21OK. Joe says, if you already contacted the finance companies regarding DCAs using your template, are we also now required to submit emails regarding the other two scenarios? No. So the regulator has confirmed if you have put in a complaint already about a DCA, then firms will automatically have to assess you for a contractual tie mis-selling and an unfairly high commission mis-selling as well. So if you have put in a complaint, you are done. You just sit on your hands and wait to what will probably be my guess is you're probably going to get contacted maybe March, April, May 2026, and you will be asked to opt out if you were missold.

17:02And if you don't opt out, then they're going to pay you. Andy in York says, is the£700 per claim or is it a one-off payment? I had approximately six cars during that period and wondered if I would get six times£700. Every individual claim is separate. So if you had six arrangements, six different car finance deals, even if it was with the same company, and they were all missold under one of the three categories of misselling, you would get paid for each one. Let's just do that£700 number, though, because that's something. Some people seem to have got the impression that it is a fixed£700. It isn't.

17:41That is the average payout that will be assessed. Now, here's how they're going to do it. And I'm just searching back for that email with that table. Thank you, Rosie. Oh, she was good. Did you see that? Brilliant, Rosie. Brilliant. There you go. Thank you. She knew where I was going to go. This is really complicated, folks. What the regulator has done to decide how much you'll be paid out in the vast majority of cases is it has worked out what it believes the loss that you had was from the distortion of the market by the way that you were mis-selled. and having done a calculation, it has come up with a figure that that is 17 % of the interest that you were charged.

18:24And it's just going to use that block. It's going to take that average figure for everybody and say it's 17 % of the figure that you were charged. There's one exception to that. So let me just give you an example on a DCA. Your interest was£1 ,000. Therefore, or the regulator saying you are owed£170. And effectively, if your interest was 10%, it takes you down to, it should have been 8.3%. However, if the lowest amount of interest that was being charged by the car firm for anyone was 9%, it won't take you down to 8.3 % because that's unfair. It would only take you down to 9%. But that's likely to be in very limited cases.

19:05In most cases, it's 17 % of the interest. You've got that. That's step one. Step two is it also says, what was the total amount of commission paid to the dealer or broker, which is generally higher than 17 % of the interest? Then what it does, I told you it's complicated, is it adds up the total commission and it adds the 17 % of the interest together and divides by two. So you effectively get a mean average of the total commission and the loss the regulator believes you have made. So you get more than the loss it thinks you've made, but less than the total commission. Let me give you some examples because I think that will help.

19:49So the average payout for a discretionary commission arrangement claim, which is the majority of them, is going to be, according to the FCA,£666. pounds. If it had done it by the loss system, you would have only got£421. If it had done it by the commission system, you would have got£910, and it is a weighted average, so don't stop going quite into the means. So you're getting 666, you're getting in the middle. For those who were charged a high commission, the average payout will be£1 ,100. If it had done it by the loss system, it had been£452. If it had done it by the total commission, it had been£1 ,765.

20:28For those who did a contractual tie, the average payout will be£686. If it had done it by the loss system, it would have been£511. If it had done it by commission, it would have been£862. So it is a pretty complicated formula that they are using to work out how much you get. Basically, they're going somewhere between the total commission that they got and the amount of loss the FCA deems you've got based on its calculation. There is a but, though. Right. There always is. So that's for the vast majority of cases. Then do you remember earlier I said there was a specific case of extremely high commission where it was over 50 % of the cost of the credit and over 22.5 % of the cost of the loan.

21:10In those specific circumstances, because the court set a precedent on that under the Johnson case and the court awarded all the commission to be paid back and the interest, that in those circumstances, you will, the regulator will give you all the commission and interest. To put that in perspective, they're estimating that's 13 or 14 ,000 cases out of a total of 14 million. So it is not a very likely chance. It's a very small occasion. But overall, I mean, to cut that all short, most people are going to get an average of 700 quid. And you get interest on top, although the interest rate is way too low in my view.

21:51It's the bank base rate over the period that you were owed plus 1%. There used to be a statutory interest of 8 % non-compounded a year. We are putting in the consultation. We think this change is too low, but they're also doing that at the ombudsman as well. So there we go. OK. How about... How are you doing, Rosie? Very good. It's complicated, isn't it? Very good, yes. OK. Robert in Inverness. We've sort of covered this, but go on, Robert. How are you doing? Yeah, I think... Good afternoon, gents. I think you just touched on it there, but my question was, can you claim for numerous agreements?

22:23And if you can, do you need to do them individually? So, yes, every agreement is separate. How you do it, though, depends on, are they individual agreements with the same car finance firm or with different car finance firms? OK, so I think I've got three, and I believe that two of them are different finance firms. OK, so you've got two with one and one with the other, I'm presuming. In fact, that's the only way it could be. mathematically, isn't it? Well done, Roger. That was sounding really clever there. Another good nod from Rosie there. Yeah, good maths. So, clearly the one you just do as a complaint in its own right.

22:59Where you've got two, you can combine them. You just need to make sure you, you know, when you're doing these complaints, the more information you give them, the better. If you have both policy numbers and for what the car registration is for each car and you put those in your complaint letter, you can just do one complaint letter for both, but just make sure you're detailing the separate policies in them. And that's not a problem. So it's a pretty easy system. And again, hopefully, and you've been listening along, hopefully the concept here, you don't have to do anything. Even if you haven't complained, what should happen is the car finance firms will identify that you've been missold and they will communicate to you.

23:35My view is you'd be better off complaining now because then they've definitely got notice of you. They've definitely got your up-to-date address and you'll be in the opt-out system. It's not compulsory though. But the fact that you're listening to this and interested in it tells me you're the type of person who should be putting a complaint in because you want to be on it. Yeah, that's the plan. Good luck to you. Thanks very much. Ian in Grantham says, he's emailed Toyota twice using your template for asking about car finance mis-selling. I've not had any response. The first time was shortly after the template went live and then the other one a few months ago.

24:11Is this normal for Toyota? Rosie, can you Check our data on, we have for each firm on what the response rates were. It's not that up to date the last time we did a survey on it, but some firms are really good. So you generally get, what you want at least is to have had an acknowledgement of your email, even if they don't say anything, and then you're in the system and it counts. Okay. Better is many firms have written back and either said, because it was only about discretionary commission arrangements, you did have a discretionary commission arrangement, or you didn't have a discretionary commission arrangement.

24:40But you want at least an acknowledgement on there. Rosie's tapping away, so we'll get that answer in a minute. OK, but, I mean, should he be worried? What do Ian do, I suppose? No, the truth is, as long as you send it... I mean, you use my tool and it automatically sends it to the right address, and we have checked that. We talked to each individual lender before we did that about what the right contact address is. So they have it logged. It just sounds like poor admin on their side. And no, you shouldn't be worried because they are legally obliged to contact you anyway. But yes, you should be absolutely frustrated and a little bit annoyed about it.

25:13Have you got those numbers? OK, we don't have those numbers. We don't have specific data on Toyota. It's too small a firm to go. We'll do some looking and see where we are on that one. Through the magic of podcasting, I can now answer that question as I have found some data I have on Toyota responses, though I have to warn you the data is from November 2024, so it's not that up to date. Back then, of around 360 people who replied, about 30 % of them had not heard from Toyota at all. so this case is by no means unusual now of course it's slightly out of date more people more than slightly more people may have heard now but firms tend to continue their pattern of responses so what I read from that is the fact that you haven't heard from Toyota is likely to be more its administration processes than the fact that your complaint hasn't gone through so I wouldn't worry that much I think you probably have complained you're probably fine and you will be in the I've complained route.

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26:11If the data had shown me that virtually everybody who got in touch with Toyota had got a response, I would be saying the anomaly is with you and you probably need to do anything. So having done a little bit of checking, I think it's probably just get a little bit frustrated that you haven't heard anything, but you're probably fine. Hannah sent the initial complaint, has a complaint reference number with the company. Does she need to do anything else or will she just automatically be receiving the compensation? Assuming she was missold, She will be contacted at some point in early 2026, maybe March, April, May, as I've said, and they will then say, we are going to pay, we plan to pay you this amount of compensation.

26:50If you want to do that, you don't have to do anything, but if you don't want to be withdrawn from that, you will need to opt out now. So no, she doesn't need to do anything more. Okay. Let's say, hypothetically, somebody who looked and sounded exactly like me bought a car in January 2024 on PCP. Handsome chap. Not particularly. OK. No. From the West Midlands? We're looking quite unpleasant from some ankles. OK. Anyway. Yes, it was me. So how would I know? All I remember is signing about 200 different pieces. January 2024. That is when the car was registered, yeah. OK. So let's just, good, because that's quite useful to explain the dates.

27:27There are three different dates that are relevant here. You've got April 2007, which is the furthest that you can go back. You've got November 2024, which is the most recent you can go to. And you've got January 2021, which is when discretionary commission arrangements were banned. So you did not have a discretionary commission arrangement. So that's one of the three categories of misselling gone. You may have been contractually tied. In other words, they may have told you we're getting from a whole group of lenders, but really only go to one lender. You may have had unfairly high commission. How do you know?

28:03You don't. That's the whole point is this is all about undisclosed misselling. If you were told, you weren't missold. So if you weren't told, the only way to find out is to say, were you contractually tied when you sold me? But what does told mean? Because I was signed hundreds of pieces of paper. Is it in your documentation? Did they tell you? You couldn't possibly read through the document. No, but let's just go back. Again, stop trying to make it too difficult. If you remember, I initially came and said there are two routes. There's the court route, the difficult route. Then there's the easy, simple route.

28:40The easy, simple route is that these firms, effectively, the regulator is saying you have to behave in a certain prescribed way. And I say there is some compromise in my view to this. And I said the other day when I was being interviewed about what's going on, I want these firms to accept this and not fight this by judicial review. If they accept it and not fight it by judicial review, certainly I, and I can't speak for other consumer groups, certainly I will accept it and suggest people use this route. If they go militant and try and fight it, then I might start saying people need to go to court, which they will not want.

29:12So the reason I'm making that point is under this system, you don't need to go back through that paperwork. The companies have to go through their paperwork and documentation about what was done and what was not done. You ask, was I contractually tied? How much was my commission? Is it over the unfair commission barrier? You write them a letter and you ask them that. That's what you need to do. And that is why we have a regulatory redress scheme, because there is clearly a misbalance of power between Joe Bloggs or Adrian Charles buying a car and huge car finance firms with 30 pages of legalese that nobody understands.

29:52That's why you have a regulatory redress scheme when what was happening is there was a sneaky way of misselling by the way that they were operating over the years. OK, Hayley, what happens if you already put your claim in via a third party? They're taking a percentage, so would the 700 go via them? OK, this is a big question, and this is one that we are planning to do some more work on. Many people went via claims firms. If you're going to go the court route, I can see why you would do that. But as I have been warning for at least a year, we were likely to see a simple system put in by the regulator that does not need you to be paying anybody to do it for you.

30:27So we're now in a very interesting position that we have quite a lot of people because of the huge amount of marketing and advertising that went through claims management companies. We had a warning put out by all the regulators who cover those claims management companies and law firms the other day about misleading claims that may have been put in by those firms. And effectively, what's being said is some of the firms say you must have an exit fee. If you decide to opt out and not go through the firm, then you pay an exit fee. One of the big problems with that is those exit fees are often payable immediately.

30:59So if you contacted the firm now and say, actually, I don't want you to do this for me. I'm going to opt out. I'm going to do it myself so I don't have to give you the commission because it's easy. Well, you may have to pay them an exit fee now under the contract that you signed with them. What the regulator is saying is you should not pay, you should only be paying for work that has been done. So if they're not going to be doing very much work for you, they shouldn't be charging you the full fee. When we ask them how much you should be charging or exactly how this works, we get, we're not there yet.

31:27And so my answer is going to mirror it to an extent. Over the next few weeks, we are going to be working on what the situation is for people who've signed up to claims management firms and the claims management firm is not going to be doing anything for them. But it is currently a vague and a grey area and claims management firms by definition are litigious firms because that is what they do and this needs to be worked out. I think certainly you did sign up to them. If they're going to charge you an exit fee, if that's fair and reasonable because they probably have done some work already, then you're going to have to pay it and you're going to have to work out which adds up best for you and if they have done work for you, you're going to have to pay them within what was contracted for the work that they have done, but they may not have done much work for you as it's all been on hold for a while.

32:09So we're in a grey area on that one at the moment, and it's something that we will be doing more work on, and we will be pushing both the... I mean, if you wanted to complain to the firm, by the way, just so everybody knows, if you do complain to the firm and you don't like what you get, then you have a right, if it's a claims management firm under most circumstances, to go to the claims management ombudsman, which is part of the financial ombudsman. But if it's legally regulated under the solicitor's regulatory authority, then you go to the legal ombudsman. So you have to find out which type of firm it is too, because there's two different regulatory processes for claims management firms.

32:40Okay. Lauren and Jimmy in County Tyrone have the same question. What if you've changed address? And I can't remember, Lauren said, I can't remember if the template letter included this information. It will have included your address and you should have put in your new address if you haven't. But that's very simple. Let's not get in touch with the firm that you've complained to, especially if they've had a reply and just update them to your new address. Say, by the way, my new address for correspondence is X. Well, I don't say it's X because obviously it will just, you know, it'll probably send it to Elon Musk.

33:08But, you know, put down what your new address is. Let's not make that too difficult. Ryan says, what if I can't remember? So within the window, I've had a title of six cars on HP or PCP. I think I've submitted a letter to once, at least once to one of them. How can I check this or should I just resend a letter to all? Or should I, and also should I send three letters to all to ask about the three types? You don't need to ask about that. If you have complained about one type, they have to consider all three types. So you don't need to do any more. So let's write that one off. If you don't know if you've complained, well, it's very tough to know what to say other than, well, if you're not sure, you might want to put a complaint letter into all of them.

33:47If you're telling me you don't remember who your agreement with is, that is a different matter. Again, let's just go back to the process, two-step process. One for people who've complained, you'll get an opt-out. One for people who haven't complained, but the firms have discovered that you were missold, you will be contacted anyway. So the cost of not complaining isn't huge. I think it slows things down. It's a bit more bureaucratic and they might not have your current address. So you're better off to complain, but it's not a huge amount. OK. Simon says, I put in a claim when you first highlighted this using your form.

34:22VW Finance came back and said I wasn't eligible. Does this change at all with this recent ruling? That's the bit I don't understand. I mean, you might say, well, no disrespect to VW or anybody else, but if they come back and say you're not eligible, well, you would say that, wouldn't you? Well, no, because what they asked, what the letter asked is, did I have a discretionary commission arrangement? Right. So there were two types of firms. There were firms that didn't do discretionary commission arrangements at all and firms that did sometimes do discretionary commission arrangements. So VW Finance was one of those that sometimes did it.

34:54So if you've complained to them, They've said you haven't got a discretionary commission arrangement. One would hope that the regulator is absolutely on top of this and will be spot checking that there will be veracity in the information. But now it means you still may have been missold via a contractual tie or unfairly high commission. But the fact that you have put a complaint in means you have put a complaint in and therefore they will have to investigate those and you will be in the contracted out letter, i.e. where they'll just tell you if you're being missold and you don't have to do anything.

35:26So you will be in that category, which it works that way. What if the company used for your finance is no longer in business? I have two agreements. Santander has confirmed a DCA on and this other one from 2007. I'm sorry, is the answer. You cannot be part of the regulatory process for a firm that has gone bust. So if the car finance firm is bust, you are not going to be paid out via the regulatory process. Now, maybe arguably, if there were liquidators to that firm and you would be a creditor of that firm, and you were to take the liquidators to court that you were owed the money on the back of it, you might get some money on the back, but you still can't go via the liquidation process via the FCA.

36:07The FCA redress scheme is only for firms that are still trading now. If another firm has taken over that old company's liabilities, you may be able to. But basically, for most people, if you want a simple and easy life, if the firm you got your car finance with has gone bust. You're not getting anything. Being straight. OK. And Gareth says, my dad took finance out on a car in 2010, but has passed away. Can his mum still make a claim? Yes. So you are still eligible. The person who is the primary beneficiary of the estate is eligible and the firm should be contacted by the executor of the estate or the primary beneficiary of the estate with proof of who the primary beneficiary is.

36:51in order for that claim to be pursued. I would say in those circumstances, I would strongly push you to put a claim in because clearly it gets much more difficult. Let's just, while we're on this, let's just talk old car finance because you said 2010. This is really interesting and difficult and complicated. So clearly, if you've got a car in the last six or seven years, you've got all the details. Even if you paid it off, credit reference agencies keep details of active lending for the last six years. So active lending for the last six years means even if six years ago was your last payment month for a car finance, you got out five years before that, it'll still be on the credit reference file.

37:36You've got data. You hopefully have documentation and you've kept documentation. It's fine. And the firms themselves are being told to turn over every stone to find out all the details of who had these car finance agreements and check them. And I'm hearing, and I haven't got this confirmed, there is access to credit reference agencies of more than six years data that the firms will be able to access. But I haven't stamped that yet. So I may be wrong on that. We're looking at whether that's possible. So the firms will need to identify. But let's be really blunt. If we start going back to 2007, seven, eight, nine, 10, 11, 12, you know, you're talking 13 years ago.

38:14It's much more difficult. And there is a high plausibility that even if you had a car finance deal, the firm will not know that now because they do destroy records and they are often encouraged through data protection to destroy records. So what happens in those circumstances? In those circumstances, you, the best thing to do is you have to find some evidence that you had car finance with them at that time. Now, that evidence could be an old credit reference file of yours. It could be an old bank statement that shows you were paying them, even better if you had the original agreements. It's interesting because when we talk about how long you keep documents for, the standard advice is you keep your statements for six years.

38:53I wrote a blog 10 years ago saying, I disagree with that. I would keep records of every agreement you've got because we don't know what the next PPI will be. and here it is and you should keep those documents keep them on your computer in a file just have them somewhere that you could go back and search them and that's future-proofing advice by the way now for everything else that's out there I'm not saying you need to keep every bank statement but every loan and agreement you sign up try and keep a record of it now if you have any data going back to that time then I would make a complaint even with the scarcity of data this was the registration number and I know I bought it through your firm what the regulator will likely do not confirmed yet is even if there's scant details, it will look, and it did this in PPI and say, were people who were getting the type of loans that you were getting at that time in the same circumstances systemically being missold in this way?

39:46If they were, then we will assume that you were missold in that way. If they weren't, we will assume you weren't missold in that way. So even scant details from the early period may be enough to get the claim through. But if you have no details and it's sold and the firm has no details, then nothing's going to happen and you just have to say, well, you know, that's it. Okay. Jim in County Tyrone, he thinks, I might have misunderstood his question. I think he's right. He said, if I haven't complained and I wait on the finance company to proactively contact me, how will they do this if I've moved house?

40:19Well, they should try and find your latest address, but I presume we are going to be saying and going to be campaigning out there for everybody to update with the finance company if you have moved address because they may not have it. What I'm suggesting you do is you contact and put a complaint in, then they have your address and you include your old address and you include the car details. This is why I'm saying you want to be in the I've complained group. You don't want to be in the I've not complained group because while it should work, there are clearly going to be people who fall by the wayside in that group.

40:53So you're asking me what to do, put a complaint in them, tell them your address. Okay. That's my answer. Laura wants to know if this all applies for loans for a motorcycle. Yeah, this is for any motorised vehicle bought as a domestic or a consumer purchase, not a business purchase. So motorcycle, yes.

41:16Motorhome, yes. Domestic use van, yes. Car, yes. But if you're an old employee decorator and you buy a van. Well, then if it's for business use, it's for business use. The more important point I was about to make, the one everybody asked me, caravan, no. Caravans do not have motors. Therefore, even if you bought a caravan on a similar type of deal, it is not included in this scheme. That doesn't seem fair, but anyway. Motorhome, yes. Caravan, no. Got it, because caravan's got no motor. And this is actually motor vehicle compensation. It's technically, I call it car finance. It's motor vehicle finance compensation is technically what it is.

42:00Any other business? Do you know what? I'm going to do some more questions, I think, in the pod only bit. But I think at this point, Adrian, we all need something a little bit more relaxing and a little bit more chilling. Rosie and I certainly do, but maybe not for you. Can we play the theme tune, please?

42:19I want Rosie just to give me a... She is not allowed to. Rosie will know the answer. She is not allowed to help you. Rosie, I won't poke her face, please. I'm just looking at you, Rosie, listening to it. So the score, Adrian, the mastermind score, where I ask you questions rather than you ask me questions, is you currently have 11 right and 23 wrong in this three-option multiple choice, which means it is now statistically likely that if we'd written the options on three scraps of paper, Place them on the floor beneath a three-toed sloth and each week picked whichever one it pooped on the most.

42:57That would be a more successful method of answering than you have been. You are now and have officially limboed below random chance. Random chance, you would have been 11. You've made your points. 11, right, 22 wrong. So. It's nearly time for the news. In a shock, I'm throwing you a bone. All right. This week's question is one I have explained to you before in a very similar way to the way I ask it now. In fact, I have done the explanation looking you in the eyes twice on the show. Yes, this is a sympathy question, everybody. Adrian, you should get this right. Does that add pressure? Yes. Good.

43:40So, no elaborate set up, no preamble, just the question. If you bought a high-tech smartphone brand new 18 months ago and it's now failing through no fault of yours, you haven't damaged, you haven't misused it, it's now got a fault. How long are you protected where by law they must repair it or replace it for free? Is it A, the warranty length, which we'll say in this case is one year. B, there's no fixed time. It's just what's reasonable. C, two years as the EU electrical law was incorporated into UK law post-Brexit. So, it's a faulty phone. You haven't done anything wrong. You bought it 18 months ago.

44:28How long is your protection? The warranty length, which we'll call a year. It could be two years, but in this case, I'll say it's one year. There's no fixed time. It's just what's reasonable. Or two years as the EU electrical law was incorporated into UK law post-Brexit. I think I remember when you told me you boiled it down very kindly to me and using the example of a tin whistle. If I bought a tin whistle for a quid and it conked out after a year, that was not unreasonable. But if this is a high-tech smartphone and you said high-tech, you made that point. Not any old smartphone. and 18 months through no fault of my own, you said.

45:13So I would say that is unreasonable. It is not a reasonable length of time. So I'm going for B. You're saying there's no fixed time. It's just what's reasonable. I had a big bone, been chewed by a dog. I tossed it up in the air. It span around a few times. You put your hands out in that correct cricket catch to see if you could catch it. It fell down. You pushed your hands together over the bone. Did it slip out? No. Play hallelujah. Oh, beautiful. That's friendship. I gave you an easy one. So just to explain it to everybody who is listening. Yeah, look, it's really important to understand there are consumer rights laws when you buy something that say goods must be of satisfactory quality as described, fit for purpose and last a reasonable length of time.

46:04Those are your legal rights. If you take them back within a month, if it's faulty, you're entitled to a full refund. If you take it back after that, you're entitled to a repair or partial refund or a replacement. There is no time limit, though. Reasonable time, exactly as Adrian beautifully explained, and it was a tin whistle. It's actually a plastic whistle, but I'm going to let you have the tin whistle, but it was a pretty good memory, is the way that I tend to explain it. So it is what a reasonable person would say is reasonable. Well, there's just a grey area. It is and ultimately it's a judge who would decide it but what we do is and I've done before where I've got juries of people just as an example and said okay I've got 10 people here, what would you say is reasonable?

46:43And we'd go in here and I think we would all say that a whistle breaking after 18 months if it costs 50p or a quid well that's pretty reasonable, it's not fair but if I've spent two grand on a smartphone and through no fault of my own it's not working after 18 months well that is perfectly reasonable. Now what happens and the reason I do this question and the mischief I'm looking to solve in this question is I cannot tell you how many people go to high-tech shops where the retailer and the manufacturer are the same. So I'm talking Apple and Samsung, to be honest. And they go in and their phone's broken after 18 months and they take it in and they say, sorry, you're out of warranty.

47:18And you never bought the extra warranty. Well, it doesn't matter. They say you're out of warranty. And my answer is warranty smarranty because the warranty is a contractual obligation that you were given by the manufacturer. Absolutely fine. it's nice to have and it's good. But you have legal rights with the retailer. Now, in this case, the retail, if it's Apple, Apple is a retailer and a manufacturer. They're answering you as a manufacturer. You're going into the shop. You're asking them as a retailer. Under the retail rights law, the sad fart rule, satisfactory quality as described, fit for purpose and last a reasonable length of time.

47:49You have retail rights and you're saying, I don't care about your warranty. You do it politely and nicely. It's not the customer service people's fault. You're saying under the law, this item must last a reasonable length of time. It has not lasted a reasonable length of time. Therefore, you are responsible for repair or replacement. Now, if you push that and you understand that the warranty is irrelevant, because I'm asking you as a retailer and your rights, your legal rights are always with the shop you bought, the place that you have the contract from, then you need to enforce it. And that is, I mean, we should teach this in schools.

48:18You buy something, your rights with the retailer. If items are faulty and you take them back, then they have to give you a full refund within 30 days or repair or replace afterwards. Of course, it's a grey area. I mean, let's say we've got a jury of you and Rosie here. My smartphone breaks after four and a half years. It costs two grand. Is that reasonable? I mean, the amount of yacking you do, I'd be amazed if it lasted that long. I wouldn't give you money back. Okay. So, so you see that of my jury of two. Yeah. You're both saying that's unreasonable. So, you know, one and a half years you're saying is reasonable.

48:51Four and a half years. Now, if I went up every month, at what point do we stop? Right, that is the podcast over and done with. I think we got through a huge number of people's questions. And with podcast producer Matt, Matt, is there anything I didn't manage to answer? OK, there is one thing that people have been asking. Almost, I almost made it. Go on, what is it? So close. Is this amount lower than the amount that we first thought? Yes, it is. And there are probably three reasons for that. The first is the original figure that was being quoted as an average was£1 ,200 per person on a discretionary commission arrangement.

49:28Now, that figure was because that is based on the calculations that the financial ombudsman was using on a case-by-case basis at the time, which effectively said, take the interest you paid and subtract from it the minimum interest you could have paid if they hadn't added extra interest in order to pay extra commission. So you had the difference between the interest you were paid and the minimum interest. But even at the time, I was saying there were no guarantees that the regulator was going to follow that form of methodology. And I suggested it may well follow something called a plevin methodology from PPI, where it chose what it was a reasonable interest rate.

50:07And you get the difference between the interest rate you were charged and a reasonable interest rate, which isn't that far from how it has actually constructed what it's doing. I won't go into that again because you heard it earlier and it's complicated. The second point is possibly because the FCA has used a different measure for what it's saying now to after the Supreme Court hearing a couple of months ago. Then it said claims will likely be less than£950. Now it says claims will be an average£700. And those two, of course, not inconsistent. It could be less than£950 and an average£700. I suspect it did that because it hadn't fully decided what the compensation level it was going to give was at the time.

50:52So it went with a most people get less than rather than an average, because to do an average, you have to know exactly how you structure the redress scheme. And within that, I think there is a nub here. Now, if you look at what the court did in the narrow instance of the Johnson case, it effectively gave people back all their commission. And if you gave them back all the commission, that would be nearer£900 and£700. But what's actually happened here is the regulators come up with this hybrid model of you get somewhere between the total commission and what we calculate as the market lost back, which is less.

51:27That's the average£700 figure. So whether there has actually been a material change because of the way it's calculated it or it's a communication change, I don't have a way of knowing. Both are possible. And of course, you may say, why is it giving less? Well, I mean, The answer, I suspect, I don't know they'd say this overtly, but I strongly suspect the answer is because it had to come up with a solution that was legally robust, but wasn't so expensive that we would see judicial review coming from any of the car finance firms. In other words, it's a slight compromise, which is why I started this by saying you may well get awarded more if you go to courts, but then there are costs associated, especially if you've got lawyers or claims management firms with it.

52:08And so that is part of the compromise here in order to get this, what will hopefully be quick, easy, fast and see far, far more people being paid out without having to use and pay fees to claims management firms. And the third reason people may feel it's less is because there have been some very exaggerated claims being put out there, certainly by some claims management firms on the back of the earlier court cases. Though, again, it's true that if you do go to court, you may be paid out more. So there is a balance to be had in that. I think when you wrap all of that up together, yes, the figure is definitely lower than when we started.

52:44Whether it's unjustifiably lower, hopefully I've given you enough information so you can decide that for yourself. And a final thought on this. The regulator is saying most people will be paid two thirds or more of the commission. And if you go to court, you would get the commission. And a claims management firm typically takes 30 % of what you get paid. so the commission minus 30 % and you get two thirds of the commission or more is indicating to me I think the FCA is subtly trying to say hey people are still going to get as much in their pocket going this route as they would do going to court after fees I mean let's not dot the i's and cross the t's on those particular exact amounts but I think that's the subtle messaging it's trying to come out with there I haven't done the adding up on it yet and we haven't quite seen the detail on it so I'm not making a judgement I'm just telling you the message it's putting out on that I think that's everything isn't it?

53:35There is one more thing I just realised I haven't said, and I am dotting every I and crossing every possible T. So let's go super techno geek nerd for a second. I talked earlier about the compensatory interest that you will get, which is bank base rate. So every year when the base rate changed, it will change. So if you're over an eight year period, they'll be tracking the base rate over this period plus one percent. But I have noticed in the documentation, they are saying that if you can prove that you suffered more harm than that compensatory rate of interest, then you may be able to argue for more interest.

54:12So let me try and give what I think they're trying to they're getting at, although I'm not 100 percent sure yet and I need to do a little bit more work on it. I think if your loan was so expensive that you had to do other borrowing elsewhere that was also expensive, say you had to use a credit card and you were paying 18 percent on that. You could argue that to put you back in the position you would have been, bank base rate plus 1 % does not do it because you were paying 18 or 19 % interest on your credit card. And you could make that argument once you get the interest given to you. Now, again, none of that is going to be relevant until March, April, May next year.

54:48And it's certainly something we will be doing work on to try and come up with a when you should be asking to be given more interest and when you shouldn't be asking to be given more interest. and they will want it to be provable at the time. So there is a slight possibility interest will be bigger for some and someone will need to be working on that. And Rosie is still sitting next to me. And Rosie, you're going to be working on working exactly what, she's very clever, luckily, on exactly how that works. And then we will try and work out what our stance is and what we should guide people through on that.

55:15So just a final little note. But I, you know, I go back to where I started on this. This is absolutely massive. It's 14 million arrangements. It's an estimated payout of£8.2 billion, although I have a little bit of scepticism because that involves a huge number of people doing this and I am slightly worried about people thinking when they get contacted about their opt-in that they didn't know they had a car finance mis-selling, that they're going to think it was a scam and we really do have to do some work on that. But this is still relatively early stages. This is a consultation document, although it's a hard consultation, unlikely to change too much.

55:50That closes in November and then we'll get the final redress scheme somewhere next January. So everything I say has some slight caveats on it, but I hope you've set you up with the main messages from me are, if you had an HP or PCP deal between April 2007 and November 2024, I would strongly suggest you get a complaint in to ask, did it have a discretionary commission arrangement or was it contractually tried or was my level of commission high? You could do that yourself, although there will be free tools available. My free tool isn't yet. I mean, you could actually use it now and be fine because they'd have to consider all three cases, even if you only put a discretionary cushion arrangement complaint in.

56:30But I would say, give me a month and I'll have that done. And other people probably have tools and things and template letters available. And the regulator has a template letter available. And so I would strongly urge you to put your complaint in if you want the money, because I think it will make the process easier. But I would also say if you don't do that, that doesn't mean you won't get anything. It just means it may take longer and it might be a bit more difficult for them to track you. And that is my final summary. And probably this podcast has been enough where we should finish. That's it for this week.

57:01Please do spread the message about this podcast to anyone who's interested in car finance. There are so many questions and confusions out there. I hope this will start to clear things up for people and make sure they get put on the right track. or on the right road is probably a better analogy. So just tell your friends that you've been listening to the latest The Martin Lewis Podcast and why not subscribe too? And then your pockets will be pleased with you. And if your friends subscribe, their pockets will be pleased with them and you too. It couldn't be any better. We tend to put out a new episode every Thursday and also the Question Time podcast on a Monday too where you can ask me absolutely anything and everything.

57:39Normally I tell you what to do if you haven't enjoyed it. But you know today, I'm spent. I got meals, I got to pay, so I'm going to work for the world and every day. I got a mouth, I got a feed, so I'm going to make sure everybody eats. Martin Lewis is the founder of moneysavingexpert.com. But of course, other consumer and price comparison websites are available. You can get in touch with Martin's podcast production team by emailing martinlewispodcast at bbc.co.uk. The offers and rates mentioned in the podcast are correct at the time of recording. However, if you are listening on demand, it's worth double checking as details can date.

58:20Remember to subscribe on BBC Sounds and leave us a review however you listen.

From the publisher

Martin Lewis takes you through the mis-selling of car finance after the regulator launched its plans for a mass £8.2bn redress scheme – where 14 million people could get compensation. He explains why it’s being paid, how much you could get, if you could get it, what you need to do to get it, should you go to court, can you claim for deceased relatives, and loads more.

This is an emerging situation so listen for updates future podcasts! If you’ve got a burning question for Martin’s Question Time podcast, send an email to MartinLewisPodcast@bbc.co.uk - it can be about absolutely anything you want, within reason!

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