RE: Lords Committee14 Oct 2025 15:50
At a very simple level - the way I see it, there are 3 major areas of contentions - all pretty unjustifiable and irrational. If FCA gives up on any of these areas would result in significant reduction of redressal costs and provisions for banks - hopefully this will help even the non-believers, because the arguments are not just legal, but also plain common sense...
1. Time frame: why since 2007 and not since 2014 - various legal justifications already discussed on this forum..
2. Cases covered - FCA defined 3 categories. Whilst Johnson type cases are fine, the other two are fairly contentious, especially the 1st one..
> All DCAs - why? and not just those where the commission was above a certain threshold as defined by FCA in 3rd category (35%/10%).
> Non-DCAs with high commission - how can FCA really justify a commercial point of 35%/10%, when its not their jurisdiction to determine that, as long as there was no tied arrangement
3. Cost of each redressal - vastly faulty and definitely over-reach!!! For Johonson type cases (likely very limited), payment of full commission with interest - fine and justified by SC verdict
> For DCAs and others - the simple calculation by FCA is not really simple and essentially implies a lot of overpayment as per their current proposed formulae. In nutshell, they imply payback of substantially more than 50% of commission + interest, in all other cases. For example:
i) Non-DCAs (no-tie up): say commission was 36% of total cost of credit, it would mean paying back 50-100% of commission. But if the commission was 34%, then no payment. How is that proportionate?
ii) DCAs (no-tie up): if the dealer selected minimal or insignificant interest rate, why should payback even include the base commission !!???
I think their cost of redressal formulae / mechanics is bizzare and frankly idiotic. I will be keenly looking at the Lords committee tomorrow to see how the committee takes up each of these points and how does FCA really justifies them.. If they come across weak in any of these, which they should, then I will go all in on CBG tomorrow.