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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. If your complaint is not successful you can refer it to the Financial Ombudsman Service yourself for free.

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Close Brothers Finance Claims: Get Your Refund

Table of Contents

Introduction to Close Brothers Motor Finance Claims

Close Brothers Motor Finance is a big company in the UK that helps people buy cars. Recently, many customers have been asking for refunds because they think the company wasn’t fair with their car loans. These claims are mainly about getting money back from charges that were too high or loans that people couldn’t really afford when they got them.

This issue has gotten a lot of attention, showing how important it is for companies to be fair when lending money for cars.

Key Points

  • Close Brothers Group started in 1878 and is now a big bank in the UK
  • They lend money, take care of people’s savings, help manage wealth, and trade stocks
  • Close Brothers Motor Finance works with over 8,000 car dealers in the UK and Ireland
  • The Financial Conduct Authority (FCA) is looking into car finance companies because of customer complaints
  • New rules for banks are coming in 2024, which will affect how they operate and protect customers

If you got a loan from Close Brothers, here’s what you need to know:

  • You can make a claim if you got your loan before January 28, 2021
  • There are two main types of claims: Discretionary Commission Arrangement (DCA) and unaffordable lending claims
  • The Financial Conduct Authority (FCA) is looking into these claims
  • If your claim is successful, you might get money back
  • There are companies that can help you make a claim
  • These claims could change how car finance works for everyone

Understanding Discretionary Commission Arrangement (DCA) Claims

Discretionary Commission Arrangements were common in car finance until recently. They let car dealers set interest rates on loans, which often made things more expensive for customers. The Financial Conduct Authority (FCA) stopped this practice in 2021 because they thought it wasn’t fair.

If you’re thinking about making a DCA claim against Close Brothers, here’s what you should know:

  • DCAs let car dealers change interest rates to make more money
  • This often meant customers paid more than they needed to for their car finance
  • The FCA stopped DCAs in January 2021
  • If you got a loan before this date, you might be able to make a DCA claim
  • These claims are about whether the interest rates were fair

It’s important to know that unaffordable lending claims are different from DCA claims, but both can help you get money back if you were treated unfairly. DCA claims are about the fairness of the interest rate, while unaffordable lending claims are about whether you should have been given the loan in the first place.

Unaffordable loans concept image

Unaffordable Lending Claims Against Close Brothers

Unaffordable lending claims are another big part of Close Brothers finance claims. These happen when a company gives someone a loan without properly checking if they can afford to pay it back without money problems. Close Brothers, like all lenders, should check carefully before giving car loans.

Signs that your car finance from Close Brothers might have been unaffordable include:

  • Having to borrow more money to pay for your car loan
  • Not being able to pay other important bills because of your car payments
  • Having to spend less on food or bills to make car payments
  • Feeling very stressed or worried about paying the loan
  • Using your overdraft or credit cards a lot to pay for the car loan
  • Having to sell things or borrow from family and friends to keep up with payments

If any of these sound familiar, you might be able to make a car finance claim. Remember, these claims aren’t just about getting money back; they also help make sure car finance companies treat everyone fairly.

Car finance concept image

The FCA’s Review of the Vehicle Finance Market

The Financial Conduct Authority (FCA), which makes rules for financial companies in the UK, is taking a close look at how car finance works. They’re doing this because lots of people have complained about how car loans are given out, including loans from Close Brothers.

Here’s what the FCA is looking at:

  • Car loans given between 2007 and 2021
  • Whether lending practices were fair and clear
  • If there are big problems in how car finance works
  • What to do to fix things, which might include giving customers refunds
  • They plan to finish looking into this by December 4, 2025
  • They might share what they’ve found and give advice before they’re finished

While this review is happening, companies like Close Brothers might take longer to answer some complaints. But you can still start a claim if you think you were treated unfairly.

Be careful of scams during this time. Always check if a company is real before letting them help with your claim, and be careful of anyone asking for money upfront.

How to Make a Claim Against Close Brothers Motor Finance

If you think you have a reason to claim against Close Brothers, here’s what to do:

  1. Check if you can claim: Your car loan needs to be from before January 28, 2021
  2. Get your paperwork together: Find your loan agreement, payment history, and any letters from Close Brothers
  3. Write down your story: Explain why you think the loan wasn’t fair or why you couldn’t afford it
  4. Contact Close Brothers: You can call, email, or write a letter
  5. Wait for them to reply: They should let you know they got your claim within 5 working days
  6. Be ready to give more information: They might ask about your money situation when you got the loan
  7. Get their decision: Close Brothers will tell you what they’ve decided about your claim
  8. Think about what to do next: If you’re not happy with their decision, you can ask the Financial Ombudsman Service to look at your case

When you’re getting ready to make your claim, these things can help make your case stronger:

Bank statements as evidenceCredit report as evidence

The Role of Claims Management Companies

Because not everyone feels like they have time to manage a complaint, or because they value professional support, many people use claims management companies (CMCs) to help with their Close Brothers finance claims. Allegiant Finance Services is one example of a CMC that helps with financial claims, including those against Close Brothers. They support you throughout the whole claims process, using what they know to help you. However, remember, you can claim yourself for free without using a Claims Management Company if you prefer.

 

Potential Compensation and Refunds

If your claim against Close Brothers is successful, you might get different types of compensation. How much you get and what kind of refund depends on your specific situation. You might get:

  • Money back for extra interest you paid because of unfair commission arrangements
  • Compensation if the loan caused you financial stress because you couldn’t afford it
  • Removal of bad marks on your credit report related to the loan
  • In some cases, you might not have to pay the rest of your loan
  • Extra interest on the money you get back

The Impact of Claims on Close Brothers and the Car Finance Industry

The many finance claims against Close Brothers and other car finance companies are changing how the whole industry works in the UK. These claims aren’t just affecting individual companies; they’re changing how car finance works for everyone.

Here’s how things are changing:

  • Close Brothers and similar companies might make less money, which could change how they do business
  • Car finance deals are becoming clearer, with easier-to-understand terms for customers
  • There are stricter rules to protect customers from unfair practices
  • Car dealers are changing how they offer finance and earn money from it
  • Companies are being more careful about checking if people can afford loans
  • People might start thinking differently about how they finance their cars

These changes could lead to big differences in how car finance works.

Consumer Rights and Protection in Car Finance

Knowing your rights as a customer is really important when you’re dealing with car finance. The recent focus on Close Brothers finance claims has shown how important it is to protect customers in this area. Here are some key rights and protections you should know about:

  • You have the right to clear and easy-to-understand information about your loan terms
  • The lender must carefully check if you can afford the loan
  • You can complain if you’re not happy, and even ask the Financial Ombudsman Service to look at your case
  • You’re protected by laws like the Consumer Credit Act and rules from the FCA
  • You can pay off your loan early without unfair penalties
  • You’re protected against unfair contract terms and misleading practices

When you’re thinking about getting car finance, remember to:

  • Read and understand all the terms before you sign anything
  • Ask questions if anything isn’t clear
  • Compare offers from different lenders to make sure you’re getting a fair deal
  • Be careful of salespeople pushing you to decide quickly
  • Keep records of all your conversations and agreements with the finance company

For more detailed information about your rights and guidance on unaffordable lending claims, check out this helpful guide.

Credit limit increases concept

Conclusion and Next Steps

The issue of Close Brothers finance claims is a big deal in the UK car finance world. For many car owners, this might be a chance to address unfair practices and get some money back. Here are the main things to remember:

  • Check if your loan was taken out before January 28, 2021, to see if you can make a claim
  • Gather all your paperwork related to your car finance
  • Think about using a claims management company to help you
  • Be prepared for the process to take some time, as there’s a big review happening in the industry
  • Keep an eye out for updates from the FCA and Close Brothers about how to make claims
  • Don’t wait too long, as there might be time limits on when you can make a claim

If you’re not sure what to do next or need more information, this resource on unaffordable lending claims can help. Remember, making a claim isn’t just about getting money back; it’s about standing up for your rights as a customer and helping make car finance fairer for everyone.

Car finance concept

Close Brothers Finance Claims: Some examples of unaffordable lending decisions

Close Brothers is supposed to carry out sufficient checks, to ensure that the finance is sustainably affordable for the customer. But the checks it carries out are not always good enough. In  upholding a complaint, an ombudsman said:

‘I found that the checks were not proportionate for the reasons that our investigator already highlighted. But also, because the information provided by Miss F about her financial situation was, on the face of it, so unlikely that by itself, this information should have caused Close Brothers to dig deeper. For example, it appears that Miss F indicated that her sole monthly outgoing was for rent, as if she had no food bills or travel costs or other priority bills. This is clearly unlikely and should reasonably have caused Close Brothers to ask more questions about Miss F’s finances.
It is correct, as Close Brothers suggested that it is entitled to rely on information that is provided by a consumer, but that does not mean it does not have to apply critical analysis where the  information provided is so unusual or unlikely in the circumstances that it would be prudent and proportionate to look further at it.’ https://www.financial-ombudsman.org.uk/decision/DRN4177241.pdf

Not all customers will have enough money to pay back Close Brothers on a monthly basis. And this could be because Close Brothers made an irresponsible lending decision. For example, it could be that the customer did not have the disposable income for the repayments on the finance agreement, together with maintaining usual living costs:

‘Deducting Mrs B’s expenditure from her income leaves about £600 and from that payment she would need to afford food and the £330 monthly instalments on this new agreement. That leaves £270 for food and other emergency expenses. I think that means Mrs B couldn’t afford to sustainably repay the new agreement as well as her existing commitments. I think Close Brothers would likely have found this out too if it had completed proportionate checks, it therefore didn’t act fairly by approving the finance.’ https://www.financial-ombudsman.org.uk/decision/DRN-3381017.pdf

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Our Unaffordable Lending Claims Process

We realise that claiming against your lender can seem daunting. We aim to make the claiming process as simple as possible. We specialise in affordability claims. Our experienced team will communicate with the lender (and where required, the Ombudsman service) on your behalf. We use bespoke technology to ensure efficient claims handling. Throughout the process, we inform you of claim progress using a “stage process”, so you can track your progress easily. Please remember though, that you do not need to use a claims management company to make your complaint to your lender, and if your complaint is not successful you can refer it to the Financial Ombudsman Service yourself for free.

  • Step 1

    Pre complaint investigation and analysis

  • Step 2

    Formal unaffordable lending complaint made

  • Step 3

    Lender responds with a Final Response Letter

  • Step 4

    If appropriate resolution cannot be reached with the lender, referral to Financial Ombudsman Service.

Our Fees

Our success fee is due only if your lender makes a compensation payout, and is calculated on the amount of the compensation payout. We do not charge you for any part of a settlement that results in the lender reducing your outstanding balance – that is on the house!

The success fee amount is calculated using a band charging system. There are five charging bands. Each band has a maximum amount that we will charge.

Success Fee Charging Table

Band Compensation Payout Percentage rate the Success Fee is calculated on  (including VAT) Maximum Success Fee in band (including VAT)
1 £1 to £1,499 36% £504
2 £1,500 to £9,999 33.60% £3,000
3 £10,000 to £24,999 30% £6,000
4 £25,000 to £49,999 24% £,9000
5 £50,000 or more 18% £12,000

Below are examples of how this would work in practice.

Lower example Higher example
Band Compensation Payout Success Fee Compensation Payout Success Fee
1 £100  £36 £1,499  £504
2 £1,600 £537.60 £9,999  £3,000
3 £12,000  £3,600 £24,999  £6,000
4 £30,350  £7,284 £49,999  £9,000
5 £55,000  £9,900 £100,000  £12,000

If you want to see how much we would charge for a specific amount, please visit our online fee calculator at https://allegiant.co.uk/unaffordable-lending-claim-fees.

Please note that the examples in the tables are for illustration purposes only. They are not an estimate of the likely outcome or success fee.

Cancellation

You can cancel for free at any time within 14-days without giving any reason and without incurring any liability. You can communicate your cancellation by telephone, post, email or online.

You can cancel this agreement at any time after the 14-day cancellation period. However, if a complaint submitted by us is successful, the Success Fee will apply in the usual way.

You can cancel by post: Allegiant Finance Services Limited, Freepost RTYU–XUTZ–YKJC, 400 Chadwick House, Warrington Road, Birchwood Park, Warrington, WA3 6AE; (b) by email: helpdesk@allegiant-finance.co.uk; (c) by telephone: 0345 544 1563; or (d) online at https://allegiant.co.uk/compliance/cancellation.

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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. If your complaint is not successful you can refer it to the Financial Ombudsman Service yourself for free.