Skip to content
City PM
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Opinion
  • DE
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Opinion
  • DE
Tuesday 17 December 2024 12:25 pm  |  Updated:  Tuesday 17 December 2024 3:13 pm

Barclays loses legal challenge to overturn FOS motor finance ruling

By: Maria Ward-Brennan

Professional Services Editor

Add as a preferred source on Google
Barclays bank exterior with logo as it announces mortgage rate cuts amidst upcoming interest rate decision.
Barclays has slashed rates after a period of 'mortgage mayhem'

Barclays has lost a legal challenge against the Financial Ombudsman Service (FOS) over a ruling that it unfairly paid commission to a car finance broker in the latest instalment of the motor finance scandal.

At the start of this year, the FOS decided that Barclays Bank unfairly paid commission to a credit broker in connection with a customer’s car loan (Ms Lewis).

This dispute arose because Ms Lewis complained in December 2021 to the FOS about
her treatment in November 2018 when she bought a second-hand Audi car from Arnold
Clark.

She was not made aware that a loan agreement she took also included a commission payment worth almost £1,600, a complaint upheld by the FOS.

It was revealed in April that Clydesdale (trades as Barclays Partner Finance) launched a judicial review against this decision.

Despite the case relating to one person, the ruling had the potential to cause a slew of compensation repayments for the bank. RBC analysts predicted that Barclays, which provided motor lending between 2010 and 2019, could face up to £250m in compensation payments.

The case went in front of Mr Justice Kerr October, who had to examine the regulatory context of the motor commission. But on Tuesday, the High Court dismissed the appeal in a written judgment.

Read more

Mercedes-Benz slammed for swerving payout for car with ‘serious safety risk’

Mercedes (Photo by Thomas Niedermueller/Getty Images)

This is different from the landmark ruling in the Court of Appeal in October after the court ruled that a broker could not lawfully receive a commission from the lender without obtaining the customer’s fully informed consent to the payment.

Close Brothers’ application to appeal that ruling to the Supreme Court was granted last week.

Commenting on the ruling, a Barclays spokesperson said: “As we have previously stated, this challenge related to a single, specific case on which we disagreed with the FOS’s decision.”

The spokesperson added “we are disappointed in the court’s ruling and will be appealing.”

While deputy chief Ombudsman, James Dipple-Johnstone stated: “When people take out a car loan, it’s imperative they are treated fairly, and the financial implications are transparent.”

“Large numbers of people are concerned that they have been overcharged for their motor finance. Today’s judgment endorses the approach taken by the FOS and brings clarity about the law and regulations for discretionary commission arrangements.”

“We are now carefully considering the judgment and what that means for other similar cases that are with our service,” he added.

Read more

Revolut pays compensation for waking customer up with push notifications

Revolut app interface showcasing new features and design on a smartphone screen in a UK business environment.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business

People & Organisations

  • Barclays
  • motor finance
  • motor finance review

Trending Articles

  • Billionaire Easyjet founder in line for £800m payday from takeover

  • Pension pressure to help swell UK debt to three times size of economy

  • As it happened: FTSE 100 slump as oil soars; Trump says Iran will be ‘hit hard’ tonight

  • Construction sector cuts jobs again as house building slumps

  • Burnham told to launch £100bn tax reform package

More from City PM

  • Mercedes-Benz slammed for swerving payout for car with ‘serious safety risk’

    Banking
    Mercedes (Photo by Thomas Niedermueller/Getty Images)
  • Revolut pays compensation for waking customer up with push notifications

    Fintech
    Revolut app interface showcasing new features and design on a smartphone screen in a UK business environment.
  • City watchdog suspends parts of £9bn motor finance scheme after industry backlash

    Banking
    The FCA has appointed Liam Coleman interim chair of the FOS.
  • Banks ‘not ready’ for motor finance scheme, says City watchdog

    Banking
    Nikhil Rathi, chief executive of the FCA.
  • Motor finance war of words heats up as City watchdog blasts law firm’s motives

    Legal
    The FCA has introduced new proposals to close the financial advice gap.
  • Motor finance revs up City watchdog’s PR spend

    Regulation
    Close Brothers has been swallowed up in the motor finance saga.
  • ‘Very concerned’: City watchdog scolds motor finance lenders over £9bn redress scheme

    Banking
    FCA sign
  • Close Brothers shares fall as motor finance scandal threatens worst returns in Europe

    Banking
    Close Brothers has upped its motor finance provisions.

City PM — European politics, business and analysis.

Europe

  • Germany
  • France
  • Europe
  • UK & Ireland

Topics

  • Business
  • Markets
  • AI
  • Technology
  • Opinion
  • Energy

More

  • Politics
  • Economics
  • Fintech
  • Legal
  • Sport
  • Life

Company

  • About City PM
  • Editorial Policy
  • Corrections
  • Contact
  • Terms of Use
  • Privacy Policy
  • Cookie Policy
© 2026 City PM · Published by CityPM Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
About · Editorial Policy · Corrections · Contact · Privacy