header-logo header-logo

30 October 2024
Issue: 8092 / Categories: Legal News , Consumer , Commercial , Financial services litigation
printer mail-detail

Car dealerships kept quiet about commissions

Buyers of cars have a right to know about, and must give consent to, any commission arrangements between their finance lender and car dealer, the Court of Appeal has held

Ruling in three conjoined cases, Johnson v Firstrand Bank (London branch) t/a Motonovo Finance [2024] EWCA Civ 1282, the court found car dealers have a fiduciary duty when arranging finance, and must be upfront about any commission. It held dealers did not satisfy this duty by hiding information about commissions in small print in terms and conditions appended to the finance agreement. Consequently, the lender was liable for the repayment of the commission in all three cases.

Handing down their judgment last week, Lady Justice Andrews and Lords Justice Birss and Edis said: ‘The dealer is acting as a seller of the cars, and also as a credit broker.

‘A credit broker offers services to help people to find credit by considering the market (or a particular section of the market) and introducing them to a potential lender who can offer them a deal which is suitable for their requirements. There is no hint in the evidence in any of these cases that the consumers concerned were aware of this.’

Kavon Hussain, principal of Consumer Rights Solicitors, which acted for two of the appellants, said: ‘This Court of Appeal judgment is going to affect every lender in the market, including Lloyds Black Horse, VW Finance, BMW, Stellantis, Mercedes, and Barclays Clydesdale.

‘We already have a substantial number of clients with claims waiting to go. This decision is a huge step towards those clients being repaid these hidden commissions.’ The firm believes the figure owed to consumers could be as high as £42bn. 

In 2021, the Financial Conduct Authority banned lenders from allowing car dealers to set the rates charged to customers on credit agreements. 

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll