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Shares drop at Close Brothers as court sides with consumers in motor finance claims
By:Maria Ward-Brennan
Senior Reporter
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In a landmark decision in the motor finance test case, a court has resoundingly sided with consumers against the banks and lenders, including Close Brothers.
The Court of Appeal has ruled that a broker could not lawfully receive a commission from the lender without obtaining the customer’s fully informed consent to the payment.
The court ruled that in order for consent, the consumer would need to be told all material facts that might affect their decision, including the amount of the commission and how it was to be calculated.
The judges ruled that did not happen in any of these cases.
Three cases were merged earlier this year, the Hopcraft case is against merchant banking group Close Brothers, Wrench is against South African Firstrand Bank, and Johnson is against Firstrand Bank and Motonovo Finance.
The claims stem from regional courts around England, with the case against Close Brothers being dismissed by Kingston-upon-Hull Combined Court last year, while the other two are appealing an decisions by County Courts.
The three cases were given the green light in March to appeal the decisions of their respective courts, and all proceeded to one trial at the Court of Appeal in July.
Today, the court revealed it has unanimously allowed all three appeals.