RE: Good Start19 Nov 2024 22:45
@karv1
Think of it from a commercial prospective. CB will be aware of their worst case exposure, however they state that they have followed FCA guidance therefore no liability exists. That's going to be your starting point.... nothing is due, therefore no provision is required. Which is exactly the approach cbg has taken (I.e. if you quote a number, the FCA will want it... even if they said "without prejudice").
OK the court of appeal stated in their opinion a lender has an obligation to state a commission exists. However thry didn't go as far to state the commission should be returned nor if such a commission should be returned in full. People jump to conclusions suggesting that redress. The court did not say return the commission.
Now bear in mind the FCA are still probing the industry to attempt to understand how it operates. Then they will likely make an announcement Dec 2025 if any redress is due. But remember this investigation originally came about gor those dealers adding £000's to loan. CBG capped all thier loans. I would assume redress risk, if any, I'd much lower. The FCA have not stated commissions are banned, but it is likely thry will announce a cap.
Add to this Barclays stating the FCA are out of scope. So in reality it is not as bad as some try to suggest. The fact the Jpcraft case only smounted to £183.60 commission makes me laugh at the absurdity. If anything those in charge (FCA+) are lacking leadership to allow the situation to deteriorate to this position.
I will continue to add, I struggle to accept the risks are as bad as the media promote. Please digest the accounts, tons of good info in there.