What were Discretionary Commission Arrangements?
When you bought a car on finance, the dealer arranging your agreement didn't just sell you the car. In most cases, they also received a commission from the lender — a payment for introducing you to the finance product.
The problem was how that commission was calculated. Under arrangements known as Discretionary Commission Arrangements (DCAs), dealers were given the power to set or increase your interest rate within a range set by the lender. The higher they set your rate, the larger their commission.
In other words: the dealer had a direct financial incentive to charge you more, and they were not required to tell you. Most didn't.
This created a clear conflict of interest. The person arranging your finance was simultaneously acting as your adviser and profiting from making your deal more expensive. The FCA banned DCAs in January 2021 after finding widespread evidence of consumer harm.
How widespread was this?
DCAs were not an occasional or isolated practice. They were a standard feature of the motor finance market for over a decade.
The FCA has now confirmed that approximately 12.1 million finance agreements fall within the scope of the redress scheme, roughly 40% of all motor finance written since 2007. Total redress payments to consumers are expected to reach £7.5 billion, making this one of the most significant consumer finance compensation exercises since PPI.
£7.5B
Total redress
12.1M
Agreements
£829
Average payout
Major lenders including Black Horse (Lloyds Banking Group), Close Brothers Motor Finance, Santander Consumer Finance, MotoNovo Finance, and Barclays Partner Finance were all operating DCA-based commission models during this period.
What did the courts find?
Court of Appeal: October 2024
In October 2024, the Court of Appeal ruled broadly in favour of consumers in three linked cases: Johnson v FirstRand Bank, Wrench v FirstRand Bank, and Hopcraft v Close Brothers. It found that undisclosed commission arrangements could give rise to legal claims, going further than expected by extending this principle beyond DCAs to almost all undisclosed commission arrangements.
Supreme Court: 1 August 2025
Lenders appealed to the Supreme Court. On 1 August 2025, the Supreme Court handed down its judgment ([2025] UKSC 33). The ruling narrowed the scope compared to the Court of Appeal, but confirmed a clear and viable legal route for many consumers.
The key findings:
- Dealers do not owe fiduciary duties to consumers. This closed off the broad commission disclosure route from the Court of Appeal.
- The unfair relationship route under the Consumer Credit Act 1974 is confirmed. Where a DCA was not properly disclosed, and particularly where the commission was high relative to the total cost of credit, the relationship between lender and borrower can be found unfair, entitling the consumer to compensation.
- In the lead case (Johnson), the lender was ordered to pay back the full commission (£1,650.95 plus interest). The commission had represented 55% of the total cost of credit and had not been disclosed.
The FCA's confirmed redress scheme
Following the Supreme Court judgment, the FCA moved quickly.
Two separate schemes
The FCA has structured redress as two schemes:
Scheme 1
Agreements from 6 April 2007 to 31 March 2014
Deadline: 31 August 2026
Scheme 2
Agreements from 1 April 2014 to 1 November 2024
Deadline: 30 June 2026
Who is eligible?
You will be considered for compensation if your agreement falls within those dates and at least one of the following applies:
- A Discretionary Commission Arrangement (DCA) was in place and was not properly disclosed
- The commission paid to the dealer amounted to at least 39% of the total cost of credit and 10% of the loan, and was not properly disclosed
- There was a contractual tie giving the lender exclusivity or right of first refusal, not made apparent to you
How is compensation calculated?
For most consumers, compensation is calculated using a hybrid remedy: an average of two approaches, one based on the commission paid and one based on the difference between the rate charged and a fair rate. Interest is added on top.
A smaller group of approximately 90,000 consumers will receive the full commission repayment plus interest. Around 1 in 3 cases will be capped.
The interest rate change
The final scheme sets compensatory interest at the Bank of England base rate plus 1%, with a minimum floor of 3% in any year. This is the primary reason the confirmed average payout of £829 is above the earlier estimate of around £700.
What the scheme means for you practically
If you have already complained
You are in the better position. Lenders must respond to existing complainants within three months of each scheme's implementation deadline. Eligible post-2014 complainants should hear back by September 2026; pre-2014 complainants by November 2026.
If you haven't complained yet
Lenders are required to proactively identify and contact consumers who appear to be owed money, but they have six months from the implementation deadline to do so. That means some consumers may not be contacted until late 2026 or into 2027.
If you are not contacted but believe you may be affected, you can still complain directly to your lender until 31 August 2027.
There are two ways to participate in the scheme. You can wait for your lender to contact you under the scheme's proactive contact obligation, or you can complain directly to your lender at any time before 31 August 2027. Both routes are free and do not require legal representation.
If you would like an independent assessment of whether your specific agreement may benefit from separate legal representation, we are able to provide that.
FCA Consumer Redress Scheme
The FCA's confirmed scheme is free to use and does not require a law firm or claims management company. Lenders are required to proactively identify consumers whose agreements may be in scope and contact them directly. For the majority of consumers, the scheme is likely to be the most straightforward route to compensation.
Compensation under the scheme is calculated using a standardised formula. Around 1 in 3 cases will be capped. The FCA has said the scheme is designed to deliver fair outcomes and estimates the average payout at £829 per agreement.
You can also complain directly to your lender yourself, or to the Financial Ombudsman Service, without using any third party.
Independent legal representation
As an SRA-regulated law firm, we can review your specific agreement and advise you on whether the scheme's standardised calculation is likely to reflect the full value of your position, or whether independent representation may produce a different outcome. This is most relevant where a commission was unusually high or disclosure was particularly poor.
Independent representation involves a fee if your claim succeeds. You should weigh this against the free scheme route before deciding.
We will give you an honest assessment of both options. If the free scheme is likely to deliver a fair result for your situation, we will tell you.
Key dates
DCAs widely used across the market
FCA bans Discretionary Commission Arrangements
FCA launches formal review; complaint pause begins
Court of Appeal rules in favour of consumers
Supreme Court judgment ([2025] UKSC 33)
FCA publishes redress scheme consultation
Consultation closes
FCA publishes final scheme rules (PS26/3); £829 average confirmed
Complaint handling pause lifts
Scheme 2 (post-2014 agreements) implementation deadline
Scheme 1 (pre-2014 agreements) implementation deadline
Last date to complain if not contacted by your lender