RE: FCA opens investigation into CMC4 Jan 2026 02:01
"only the “unfair relationship” claims remain" - Clydesdale derived the unfair relatioship by leaning on principles within Hopcraft and a different halucination over dividing the tri-party CCA agreement into four parties. Within the Hopcraft court of appeal case the judge in that instance ignored the fact that the Dealer is acting on behalf of the lender, so they can't 'bribe' thenselves. With that in mind, apply that to the judge in Clydesdale adding a new (fourth) party to the agreement. Until Clydesdale is ruled against it stands as law, however unsafe. That inclusion of the extra party into the commission halucination is a foundation that Clydesdale rests upon, is separate to Hopcraft and a very, very important matter of law to be clarified by the supreme court. Judges can't invent new parties to deals clearly defined under the CCA, nor can they ignore instances where there are actually only two effective parties (dealer=lender + borrower) as in the supreme court clarification in Hopcraft. That is how it ends up in the supreme court.
The above is what you may see the Supreme Court clarify (amongst the many other issues). The FCA can water all it want's but it will not change the legal position, which is the main issue that lenders should challenge and remember Barclays possibly strategically dropped the challenger against Clydesdale, potentially for this very reason.
To refresh those new to this, Barclays withdrew from a challenge to Clydesdale, potentially because they could challenge Cydesdale from within the redress process 'after' the FCA commit to leaning on Clydesdale for the redress scheme. Knowing Clydesdale is flawed, Barclays may not even need to proceed with the challenge because other lenders may take it forward for them. Either way, it ends up at the supreme court because it is an important matter of law the the court of appeal trampled on again, just as in Hopcraft.
More guesses, or not, who knows.. do your own research.
Late night popcorn....munch...munch...