The FCA is consulting on a potential customer redress scheme but encourages customers to complain now if they have concerns about car finance commissions. You can claim to your lender directly, and if unsuccessful take it to the Financial Ombudsman for free if the firm is still trading. For eligible failed firms, you can refer a claim to the Financial Services Compensation Scheme for free. Or you can use a claims management company like us to handle it all for you.

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Following the Supreme Court’s landmark ruling in August 2025 (Johnson v FirstRand Bank), it’s now clear that while commission arrangements in car finance are generally legal, exceptionally high commissions that weren’t properly disclosed can create an “unfair relationship” under the Consumer Credit Act 1974. If you paid significantly more than you should have due to an unfairly large commission, you may be entitled to compensation. Allegiant Finance Services can help you explore if you have a potential unfair commission claim.

What Are Unfairly Large Commission Arrangements?

Unfairly large commission arrangements occur when the commission paid to car dealers or brokers is exceptionally high relative to your loan amount or total finance charges, and this wasn’t properly disclosed to you. The Supreme Court ruling established that very high commissions can indicate unfairness, particularly when they represent:

  • A significant portion of your loan advance (the Johnson case involved over 25% of the loan amount)
  • A substantial percentage of your total credit charges (in Johnson’s case, 55% of the total charge for credit)
  • Amounts that weren’t transparently disclosed or were hidden in complex documentation

Unlike previous legal arguments about fiduciary duties or “secret bribes,” the focus is now squarely on whether the size and disclosure of the commission created an unfair relationship between you and your lender.

Why Might You Have an Unfair Commission Claim?

The Supreme Court’s ruling in Johnson v FirstRand Bank provides clear guidance on when commission arrangements can be unfair under section 140A of the Consumer Credit Act. Key factors that could support a claim include:

  • Exceptionally High Commission Payments: Where the commission represents a very large portion of your loan or credit charges
  • Inadequate Disclosure: The size and impact of the commission wasn’t clearly explained to you
  • Misleading Documentation: Information provided to you was confusing or didn’t properly reflect the commercial relationships involved
  • Lack of Financial Sophistication: You weren’t in a position to fully understand the implications of the commission arrangement
  • Hidden Commercial Ties: The relationship between your lender and dealer/broker wasn’t properly disclosed

The Supreme Court emphasised that these factors must be considered together on a case-by-case basis. Not every commission payment will be caught, but where commissions are particularly large and poorly disclosed, an unfair relationship may exist.

What the Supreme Court Ruling Means for Your Claim

The August 2025 Supreme Court decision provides crucial clarity about unfairly large commission claims:

What Changed:

  • Claims based on fiduciary duties or “secret bribes” are no longer viable
  • The focus is now entirely on whether an “unfair relationship” exists under Consumer Credit Act section 140A
  • Very high, undisclosed commissions are a “powerful indication” of unfairness

What This Means for You:

  • If you paid exceptionally high commissions that weren’t properly disclosed, you may be entitled to compensation
  • Successful claims typically result in repayment of the unfair commission plus commercial interest rates
  • Each case depends on its specific facts, particularly the size of commission and quality of disclosure

Compensation Available: Where an unfair relationship is established, the typical remedy is repayment of the excessive commission with interest, as awarded in the Johnson case.

How Do Unfair Commission Claims Work?

Following the Supreme Court ruling, these claims are assessed under the “unfair relationship” test in section 140A of the Consumer Credit Act. This involves examining:

  • The size of the commission relative to your loan and total charges
  • How the commission was disclosed (or not disclosed) to you
  • Your understanding of the arrangement at the time
  • The overall fairness of the relationship between you and your lender

Unlike previous commission claims that focused on the broker’s discretion to set rates, unfairly large commission claims centre on whether you were treated fairly given the size of the payments involved and the information you received.

Allegiant’s Expertise in Unfair Commission Claims

At Allegiant Finance Services, we have extensive experience with motor finance commission claims and understand the new legal framework established by the Supreme Court ruling. Our expertise includes:

  • Case Assessment: We can evaluate whether your commission arrangements may have created an unfair relationship under the Johnson precedent
  • Evidence Gathering: We understand exactly what documentation and information is needed to build a strong case under section 140A
  • Expert Representation: Our team understands how to present unfair relationship arguments effectively to lenders and the Financial Ombudsman Service
  • Proven Track Record: We have secured over £108 million in compensation – £87 million in cash, £21 million in debt deductions, since 2013

Our services include:

  • Agreement Analysis: Detailed review of your finance documents to identify potentially unfair commission arrangements
  • Commission Assessment: Evaluation of whether commission levels meet the threshold established in the Johnson case
  • Disclosure Review: Analysis of what you were told versus what you should have been told about commission arrangements
  • Claim Preparation: Professional presentation of your case using the legal framework established by the Supreme Court
  • Ongoing Management: Full handling of your claim through to resolution, including escalation to the Financial Ombudsman Service if necessary

What Makes a Commission “Unfair”?

Based on the Supreme Court ruling, commissions may be considered unfairly large when they:

  • Represent a significant percentage of your loan amount (the Johnson case involved over 25%)
  • Form a substantial portion of your total credit charges (55% in the Johnson case) • Were not clearly and transparently disclosed to you
  • Create a situation where you effectively paid far more than necessary for your finance

The Supreme Court emphasised that very high commissions are a “powerful indication” of unfairness, particularly when combined with poor disclosure practices.

Your Options for Unfair Commission Claims

If you believe you may have been affected by unfairly large commission arrangements, you have several options:

  • Professional Representation: Work with experienced specialists like Allegiant who understand the complex legal framework and can build strong cases under the Johnson precedent
  • Direct Complaint: Submit a complaint directly to your lender.
  • Wait for FCA Scheme: The Financial Conduct Authority is consulting on a compensation scheme, but this won’t begin until 2026 and details remain unclear

Given the complexity of the “unfair relationship” test and the expertise required to present these cases effectively, many customers benefit from professional representation by specialists who understand exactly how to apply the Supreme Court’s guidance to individual cases.

Taking Action on Your Unfair Commission Claim

The Supreme Court ruling has established clear legal principles, but each case depends on its specific facts. If you took out car finance and suspect you may have paid unfairly large commissions that weren’t properly disclosed, it’s worth exploring your options.

We can help you understand if your case meets the criteria established by the Supreme Court and guide you through the process of seeking compensation.
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Our no-win, no-fee service means you can pursue your claim with confidence, you only pay a fee if your claim is successful. If unsuccessful, there is no charge. Fees range from 18-36% Incl. VAT, see fees page for details.

Disclaimer: This page provides general information about unfairly large car finance commission claims based on the Supreme Court ruling in Johnson v FirstRand Bank (August 2025). It does not constitute financial or legal advice. The outcome of any claim is subject to the specific circumstances of your case and the decisions of lenders, the Financial Ombudsman Service, or the courts. Each case will be assessed on its individual facts under section 140A of the Consumer Credit Act 1974. Allegiant Finance Services Limited is authorised and regulated by the Financial Conduct Authority.

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Stephen Griffiths, Head of Product

Stephen is our Head of Product, with a steadfast dedication to consumer justice and thought leadership . In his early years, Stephen was a Complaints Handler at Lloyds Banking Group. Stephen then worked at the Financial Ombudsman Service for over 10 years in various roles, including Quality Auditor. Stephen ensures Allegiant provides top tier claims handling for our customers.

Frequently Asked Questions

Are car finance claims real? / Are these car finance claims legit?

Absolutely. Car finance claims are grounded in solid legal precedent and recent court rulings. The Supreme Court ruled in August 2025 that in certain circumstances, the failure to properly disclose commission arrangements could create an “unfair relationship” under section 140 of the Consumer Credit Act, making such arrangements unlawful. While the Supreme Court clarified that commissions themselves are not unlawful, customers who weren’t properly informed about them may still be entitled to compensation. The FCA has confirmed that some motor finance firms broke the law and rules by not providing customers with relevant information about commission payments.

The August 2025 Supreme Court ruling brought important clarifications. While it determined that car dealerships don’t have a duty to act as impartial credit brokers (overturning some earlier Court of Appeal findings), it upheld that undisclosed commissions can create an “unfair relationship” under the Consumer Credit Act. This means claims can still succeed, but they’ll be assessed on whether the relationship between you and your lender was unfair, considering various factors including how commission was disclosed and structured.

Following the Supreme Court ruling, there are now clearer pathways for claims:

FCA Compensation Scheme The FCA announced in August 2025 that it will consult on an industry-wide compensation scheme, with the first payments expected in 2026 if it goes ahead. This scheme aims to be fair and easy to participate in. If you’ve already complained, you don’t need to do anything further – just wait for further details.

DIY (Do It Yourself) You can still pursue claims independently by gathering your finance documents and submitting formal complaints to your lender. The FCA advises that consumers concerned about undisclosed commission should complain now, even while the compensation scheme is being developed.

Using an Experienced CMC or Law Firm Professional claims specialists continue to offer valuable expertise, particularly given the complex “unfair relationship” assessment now required following the Supreme Court ruling. Experienced CMCs like Allegiant understand how to build strong cases under this legal framework and have established relationships with lenders for effective negotiation.

Timelines have become clearer following recent developments:

FCA Compensation Scheme: The FCA will launch consultation by early October 2025, with the first payments expected in 2026 if the scheme proceeds.

Individual Claims: These continue to follow normal FCA and Ombudsman processes, typically taking 3-9 months once lenders resume full processing.

Current Status: People who have already complained don’t need to take any further action while the compensation scheme is being developed.

The FCA currently estimates that most individuals will probably receive less than £950 in compensation per finance agreement. However, this is an early estimate and final amounts will depend on individual circumstances and the final design of any compensation scheme.

The total cost of compensation across the industry is estimated by the FCA to be unlikely to be much lower than £9 billion, and could be up to £18 billion in some scenarios, though a midway figure is considered more plausible.

While the FCA has announced plans for a compensation scheme, the details won’t be finalized until after consultation in October 2025, and payments won’t start until 2026. Many customers prefer the expertise and active representation that experienced CMCs provide, rather than waiting for an uncertain process.

At Allegiant, we have a proven track record of securing millions in compensation across all claim types and maintain an excellent Trustpilot rating based on genuine results. Our expertise in motor finance claims means we understand exactly how to present cases under the “unfair relationship” test that the Supreme Court has now confirmed as the relevant legal framework.

Key benefits of using an experienced CMC like Allegiant:

  • Expert case assessment – We understand the complex “unfair relationship” criteria
  • Professional representation – Direct negotiation with lenders using established relationships
  • No upfront costs – You only pay a success fee if you receive compensation. We’re transparent about our fees – there are no hidden charges, and our fees are inclusive of VAT.
  • Active case management – We handle all paperwork, deadlines, and follow-ups
  • Proven results – Extensive experience in securing compensation from motor finance lenders

If you haven’t complained yet: You have options depending on your preference for professional support versus waiting for the potential FCA scheme.

If you’ve already complained: You don’t need to do anything further if you’re comfortable waiting for the FCA process.

Consider professional representation: Given the complexity of the “unfair relationship” test and the expertise required to build strong cases, many customers benefit from professional representation by experienced CMCs who understand exactly how to present these claims effectively to lenders.

The focus remains on PCP (Personal Contract Purchase) and HP (Hire Purchase) agreements signed between April 2007 and January 2021 where discretionary commission arrangements may not have been properly disclosed. The FCA banned discretionary commissions in 2021, recognising the potential for unfair outcomes.

Following the Supreme Court ruling, claims will be assessed under section 140 of the Consumer Credit Act, which considers whether the relationship between you and your lender was unfair. Factors include:

  • How commission arrangements were disclosed (or not disclosed)
  • The structure of commission payments
  • Whether the arrangement created conflicts of interest
  • The overall impact on the customer

This assessment requires careful consideration of individual circumstances rather than a simple “commission equals compensation” approach.

No. The Supreme Court clarified that commissions themselves are legal and car dealerships are allowed to make profits. Only cases where the failure to properly disclose commission created an unfair relationship may result in compensation. Each case needs individual assessment based on its specific circumstances.

“Best” depends on three non-negotiable criteria—regulation, fees and track record—whether you pick a CMC or a law firm:

Regulatory Oversight (FCA or SRA):

It is essential to ensure your professional representative is authorised to represent you under a relevant regulator.

Claims Management Companies (CMCs) are regulated by the FCA under the Financial Services and Markets Act.

Law Firms handling these claims are regulated by the Solicitors Regulation Authority (SRA).

Fee Structure & Transparency:

No Win, No Fee: Both top CMCs and law firms typically operate on a no win–no fee basis, but the percentage they charge can vary (often 25–35 percent of your redress). Always request their full fee schedule in writing. Look out for hidden extra costs (e.g., VAT, “file handling” fees, or unscheduled disbursements). Here at Allegiant, our prices are clearly stated to include VAT. We have no hidden charges.

Lawyers vs CMC Fees: In some cases, SRA-regulated firms charge slightly higher percentages than CMCs.

Demonstrable Success & Client Feedback

Track Record: The best providers (CMCs or law firms) publish anonymised case studies or statistics demonstrating their experience. Allegiant has claimed over £80 million across all claim types.

Independent Reviews: Check Trustpilot, Which? or MoneySavingExpert forums. Beware of five-star packed reviews—look instead for detailed, balanced feedback. High-volume CMCs sometimes trade on aggressive marketing; top law firms usually have steadier, quality-based reputations. Allegiant has an excellent Trustpilot rating Our reviews are not manipulated. Be aware of providers that ask customers to write a 5* review based on a “great” phone call only(!). Look for results based reviews.

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Our Car Finance Claims Process

  • investigation 1

    Step 1

    We'll locate and review your car finance agreements

  • paperwork icon

    Step 2

    We'll spot and lender failings, and hold them to account

  • negotiation 1 icon

    Step 3

    We'll review the lenders offer, or escalate as necessary

  • cash back icon

    Step 4

    Where eligible, we will ensure you are re-united with your cash

Claiming for Free Yourself

Good to know: We are a Claims Management Company (CMC). You do not need to use a CMC to make your complaint to your lender, bank or insurer. If your complaint is not successful you can refer it to the Financial Ombudsman Service yourself for free if the firm is still trading. For eligible failed firms, you can refer a claim to the Financial Services Compensation Scheme for free.