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Martin Lewis says £18bn could be paid to car buyers from 2007-2021 | Personal Finance | Finance

Millions of car and van buyers were left disappointed after a court ruled out paying compensation to motorists over hidden commission payments for car finance loans. Last week the Supreme Court overturned a ruling that could have meant millions of motorists were due compensation for mis-sold car finance.

The UK’s highest court agreed with finance companies in two out of three test cases, focusing on commission payments made by banks and other lenders to car dealers. The decision reversed previous court rulings that could have meant millions of motorists could claim compensation.

However many drivers who took out a specific form of finance deal – a Discretionary Commission Arrangement (DCA) – could still receive a payout. Interest on these loans could be increased so the broker or dealer would get more commission and happened on Personal Contract Purchase (PCP) and Hire Purchase agreements up to 2021.

Martin Lewis has issued advice on the Money Saving Expert website which he founded. And he told people there was “no harm” in putting in a claim in case they were successful.

He told followers: “In recent weeks, I’ve been saying ‘do nothing’ as there was so much uncertainty. Now we’re on a firmer base, on the back of what the regulator says, there’s no harm in putting in a complaint to see if you had a DCA. Just do it yourself and use our free complaint tool.” He added: “This may be particularly beneficial in old cases, where you have the details of your car finance but the car finance firm may have deleted it – as this way you put a marker in that you want your case looked at (though again, specifics of this are up in the air).

“In newer cases, complaining now is more about the fact many want to know if they had a DCA and whether they may be due compensation or not. So if you don’t want the hassle, you likely wouldn’t lose out by not putting one in at this point, so could just wait.”

The advice comes after the Financial Conduct Authority confirmed it will hold a consultation on a redress scheme on hidden car finance commission claims. This follows evidence that some motor dealers were getting commission from banks or finance organisations which provided the loan, with the commission level potentially linked to higher interest rates.

The FCA said it will consult on running a payout scheme – estimated to cost between £9bn and £18bn. It said it was “hard to estimate precisely at this stage the total cost to industry of the scheme”, however it is believed millions could be eligible.

It said those who have already complained do not need to do anything and advised those who have yet to complain to contact their car loan provider rather than using a claims management company.

Nikhil Rathi, chief executive of the FCA, said: “It is clear that some firms have broken the law and our rules. It’s fair for their customers to be compensated.” He added: “Our aim is a compensation scheme that’s fair and easy to participate in, so there’s no need to use a claims management company or law firm. If you do, it will cost you a significant chunk of any money you get. It will take time to establish a scheme but we hope to start getting people any money they are owed next year.”

The issue of car finance mis-selling goes back to 2021, when the FCA banned DCA deals where the dealer received a commission from the lender based on the interest rate charged to the customer. The FCA said DCAs provided an incentive for a buyer to be charged a higher-than-necessary interest rate, leaving them paying too much.

Since January, it has been considering whether compensation should be paid to people with these deals before 2021. The FCA said it will start its consultation on who should be eligible for compensation and how much they should get in October, adding that the Supreme Court ruling provided “clarity”.

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