RE: Car finance article26 Feb 2024 13:27
Mararab......"Then surley the Salesperson of the car showroom is at fault as he is misleading the customer not the lender . Who is acutally responsable for this the car company or the lender . To me its a person selling the finance therefore the car sales company . Thoughts"
The broker/dealership are responsible for disclosing the nature of any commission in the fees, and if asked by the customer, must say how much. However, the FCA say that the lender must ensure that the broker/dealership are complying with this requirement.
• In particular, brokers must disclose the existence of any commission or other financial arrangement with a lender which could affect the broker’s impartiality in promoting a particular product or impact on the customer’s decision-making. Such disclosure should be clear and readily comprehensible. In addition, the broker must disclose the amount (or likely amount) upon request.
• Lenders also have obligations in this area. In particular, CONC 1.2.2R requires lenders to take reasonable steps to ensure that persons acting on their behalf comply with CONC. This includes compliance with rules relating to disclosure of commission. However, while in principle the way lenders told us they frame their controls appeared broadly reasonable, we have doubts as to whether and to what extent these are always implemented in practice. Our work suggests that some lenders may be unduly reliant on contractual requirements and the provision of standard documentation and procedures, and may not monitor brokers sufficiently closely or act where issues are found. We were particularly concerned that some lenders appear to take the view that it is sufficient that a broker is FCA-authorised, as it can be assumed that they will be compliant with FCA rules (as the FCA will monitor compliance).
https://www.fca.org.uk/publication/multi-firm-reviews/our-work-on-motor-finance-final-findings.pdf