Car Finance After the Supreme Court Ruling: What Borrowers Should Know
The Supreme Court’s August 2025 judgment clarified how commission in motor finance agreements should be treated under the law. For borrowers, the outcome is more nuanced than many headlines suggested. 1. What the Supreme Court Decided The Court confirmed that a discretionary commission arrangement (DCA) does not automatically create an “unfair relationship” under the Consumer Credit Act 1974. It also made clear that dealers are commercial intermediaries, not fiduciaries, and that disclosure of the possibility of commission can defeat claims of secrecy. Importantly, unfairness now requires additional aggravating factors, such as very high commissions or inadequate disclosure. In practical terms, this narrowed certain court-based claims. 2. What Changed After the Judgment Shortly after the ruling, the Financial Conduct Authority announced plans for a consumer redress scheme targeting undisclosed or excessive commission. Consultation Paper CP25/27 proposes an industry-wide sche...