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Car finance industry sets aside billions for motorist claims

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Car finance industry sets aside billions for motorist claims

Motorists who bought a car on finance could share in billions of pounds in compensation following a landmark test case.

When Marcus Johnson, 34, from Cwmbran, Torfaen, bought his first car – a Suzuki Swift – in 2017, he was not informed the car dealership was being paid 25% commission, which was added on to what he had to pay back.

In a landmark case with two other claimants, the Court of Appeal ruled in October that the finance company should pay the hidden commission plus interest back to Mr Johnson, and he is now due to receive just over £3,200.

Trade Centre Wales and MotoNovo finance’s parent company FirstRand have not responded to requests for comment.

Mr Johnson said he was “furious” when he found out what had happened, adding: “I paid £1,650 for what I can only describe as showing me around the showroom for 10 minutes and then printing off a bit of paper.

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“I signed a few documents and then drove away in the car.”

He said he had no option but to use finance when he bought the car, describing it as “heart-breaking” to find out so much extra money had been taken.

“Someone in my situation at that time, not being able to buy that kind of age car with cash, you would use finance,” he added.

“And for companies to be able to be allowed to charge these ridiculous amounts of commission without disclosing it, without me being made aware of it at all, myself and thousands of other people.”

Mr Johnson had bought the car from dealership Trade Centre Wales for £4,600, and the company arranged finance with Cardiff-based MotoNovo Finance.

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He was not informed that the dealership was receiving commission of £1,650, which amounted to about 25% of the total he borrowed.

The car finance industry is setting aside huge amounts of money to settle similar possible claims in the future.

Mr Johnson sold the Suzuki Swift in 2020.

But after three years of regular payments, he still owed £3,500 which he assumed then was due to the interest on the loan for the car.

“With paying off the agreement for three years, I had only scratched the surface,” he said.

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Dealerships were not acting outside of the rules and regulations of the industry by taking this sort of commission at that time, but they had a duty to inform their clients and inform them about the commission.

The court of appeal said “burying such a statement in the small print which the lender knows the borrower is highly unlikely to read will not suffice”.

There have been changes in the rules governing commission since 2021, when the Financial Conduct Authority banned discretionary commission arrangements.

Kevin Durkin, from HD Law, who represented Mr Johnson in the test case, said: “As a financial reward for them being chosen, FirstRand Bank paid Trade Centre Wales a commission which Marcus knew nothing about.

“There was only a vague reference to this arrangement in the paperwork which the court of appeal found was buried.

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“As such it meant that Marcus paid more than he necessarily needed to.”

He added it is far from being an isolated case, with many car dealerships and finance companies having operated in this way.

“It’s completely widespread,” he added.

“Almost all cars that are purchased on finance through a dealer or credit broker are sold in this way.

“I’ve yet to see any terms and conditions in a case involving my clients where the terms and conditions reference is either absolute in terms of ‘we will receive a commission’ or alternatively is made prominent in the paperwork that is being signed.”

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Mr Johnson said he will never use a finance agreement again, but was delighted when the Court of Appeal found in his favour.

“It was a big moment of relief and excitement and obviously happiness all at the same time – especially with how tough things are at the moment,” he said.

He hopes others will also get money back. adding: “I’m so happy that my case and the decision that was made could potentially help thousands of other families, to me that’s worth more than the money that I reclaimed in a way.”

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3 smart financial habits to incorporate in 2026

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3 smart financial habits to incorporate in 2026

While you certainly do not have to wait for the beginning of the new year to overhaul your financial habits, the calendar’s fresh start can offer a natural opportunity to reassess. But all too often, when we identify an area of our life that is not quite going as planned, there is a temptation to tear it all down and start from scratch, in the form of a broad-ranging — and overwhelming — resolution.

Sometimes, though, making small tweaks to existing habits, or introducing some fresh ones, is all it takes to course correct, allowing one good financial decision to snowball into the next. Sounds more manageable, right? Read on for some ideas to get started.

1. Dial up your retirement contributions

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Ghana dispatch: Former Finance Minister detained by US immigration authorities pending extradition review

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Ghana dispatch: Former Finance Minister detained by US immigration authorities pending extradition review

Former Ghana Finance Minister Kenneth Ofori-Atta was detained by US Immigration and Customs Enforcement (ICE) on January 6 in Washington, DC, where he remains in custody at the Caroline Detention Facility in the state of Virginia. His detention follows Ghana’s December 10 formal extradition request to the US Department of Justice for Ofori-Atta, who faces 78 counts of corruption and corruption-related offenses.

ICE agents arrested Ofori-Atta around 11:00 AM at a luxury apartment complex in Washington, DC. According to the ICE Online Detainee Locator System, Ofori-Atta remains “in ICE custody” as of January 11, 2026. Ghana’s Attorney General and Minister of Justice Dr. Dominic Ayine confirmed that Ofori-Atta is represented by private legal counsel. His lawyer, Frank Davies, stated that Ofori-Atta traveled to the United States for medical treatment and that a legal challenge to his custody has been filed in court. According to a January 10, 2026 press release signed by Ghana’s Ambassador to the United States Victor Emmanuel Smith, Ofori-Atta has declined consular assistance from the Ghana Embassy.

The US State Department revoked Ofori-Atta’s visa in 2025, according to Ghana’s Attorney General Dominic Ayine. The Attorney General further emphasized that it was the visa revocation—rather than a visa overstay or expiration—that triggered US federal enforcement action. The US Department of Justice is currently reviewing Ghana’s extradition request under the “dual criminality” doctrine, which requires confirmation that the alleged financial crimes in Ghana would also be prosecutable in the United States.

Kenneth Ofori-Atta served as Ghana’s Finance Minister under former President Nana Addo Dankwa Akufo-Addo. He faces charges related to alleged corruption in multiple government contracts, including a GHS 125 million contract between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Limited (SML), the $400 million National Cathedral Project, ambulance procurement for the Ministry of Health, and electricity company contracts. Ghana’s Office of the Special Prosecutor (OSP) formally charged Ofori-Atta on November 18, 2025. The OSP seeks to recover misappropriated public funds through the government’s Operation Recover All Loots (ORAL) initiative launched after the National Democratic Congress won the 2024 presidential election.

The extradition request follows a months-long effort by Ghanaian authorities to secure Ofori-Atta’s return. The OSP requested Ofori-Atta appear for questioning on February 10, 2025 via a letter dated January 24, 2025. His solicitors responded January 31, stating he had left Ghana in early January for medical treatment in the United States and was “out of the jurisdiction indefinitely for medical examinations.” The solicitors requested rescheduling and offered to provide information to aid investigations.

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On February 10, the OSP directed Ofori-Atta to provide a reasonable return date, warning that failure to comply would compel the OSP to “take all legal steps to secure his return to the jurisdiction.” His solicitors responded the same day, stating a doctor recommended he remain in the US for possible surgical intervention. The following day, February 11, his solicitors inquired whether the OSP conducted a search of Ofori-Atta’s premises, which the OSP denied.

During a February 2025 press conference, the OSP declared Ofori-Atta a fugitive, stating it was unconvinced by the medical report and disagreed that returning to Ghana would endanger his life. The OSP characterized his extended stay as “an attempt to avoid return to the jurisdiction.” By June 2025, Ghana secured a judicial arrest warrant and successfully placed Ofori-Atta on Interpol’s Red Notice database, though the notice was temporarily removed from public visibility following a challenge by the accused. The OSP transmitted a letter to the Attorney General on December 9 requesting formal extradition proceedings.

The charges against Ofori-Atta and seven other individuals include conspiracy to commit the criminal offense of directly or indirectly influencing the procurement process to obtain unfair advantage in contract awards, contrary to section 23(1) of the Criminal and Other Offenses Act, 1960 (Act 29) and section 92(2)(b) of the Public Procurement Act, 2003 (Act 663) as amended by Act 914. The charges stem from investigations into alleged corruption and financial irregularities in the GHS 125 million contract between the Ghana Revenue Authority and Strategic Mobilisation Limited. The Special Prosecutor is seeking to recover the amount, describing it as unjust enrichment obtained through unlawful means.

Among the most prominent allegations against Ofori-Atta involves the National Cathedral Project. In November 2024, the Commission on Human Rights and Administrative Justice concluded an investigation into the project, which was initiated by former President Akufo-Addo with an estimated cost of $100 million from private funds. The cost surged to $400 million, with the investigation revealing that the contract awarded to Ribade Company Ltd was void ab initio for violating mandatory provisions of the Procurement Act. The investigation recommended that the Board of Public Procurement Authority cancel the contract and investigate the Board of Trustees. Ofori-Atta allegedly authorized the release of $58 million in state funds toward construction costs. The project remains an incomplete excavation site in central Accra, on land formerly occupied by government buildings and judges’ residences. Additional charges relate to alleged corruption in ambulance procurement for the Ministry of Health and the termination of a contract between the Electricity Company of Ghana and Beijing Xiao Cheng Technology.

The extradition proceedings will be governed by Ghana’s Extradition Act, 1960 (Act 22), which applies where an extradition agreement exists with the requesting state. Section 2 of the Act mandates declining extradition requests if the offense is of a political character, with a Magistrate responsible for determining whether charges meet this standard.

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Article 40 of Ghana’s 1992 Constitution requires Ghana to observe treaty obligations and settle international disputes peacefully. This aligns with Article 1 of the UN Charter, which requires states to maintain friendly relations based on principles of equality and respect for human rights. The principle of pacta sunt servanda, enshrined in Article 26 of the 1969 Vienna Convention on the Law of Treaties (VCLT), requires states to observe treaty obligations in good faith. Both Ghana and the United States are bound by their extradition agreement and are barred from invoking municipal law to avoid treaty obligations under Article 27 of the Vienna Convention, except in circumstances permitted under Article 46, which addresses capacity to conclude treaties and inconsistencies with normal practice and good faith.

The extradition request comes as Ghana and the United States maintain reciprocal cooperation on extradition matters. Ghana previously cooperated with US extradition requests, including the extradition of Ghanaian citizens to the United States for alleged crimes against US citizens. In one case, Abu Trica and other Ghanaian citizens were extradited to face charges related to an alleged $8 million romance scam targeting US citizens, demonstrating the mutual nature of bilateral treaty obligations.

The case against Ofori-Atta represents part of broader anti-corruption efforts in Ghana. Corruption has been a persistent challenge in the country since independence, with state officials diverting public resources to personal ventures. Ghana has implemented multiple measures to combat corruption, including Article 8(2) of the 1992 Constitution and Section 16 of the Citizenship Act, 2000 (Act 591), which restrict dual citizens from occupying certain key offices. The country has also created specialized institutions including the Office of the Special Prosecutor and the Economic and Organised Crimes Office. The 2024 presidential and parliamentary elections saw a change in political power, with the National Democratic Congress defeating the New Patriotic Party by approximately one million votes. The worst recorded corruption cases under Ghana’s fourth republic occurred during Ofori-Atta’s tenure as Finance Minister, prompting public demands for accountability that influenced the election outcome. The current NDC administration immediately established Operation Recover All Loots to recover misappropriated public funds.

Opinions expressed in JURIST Dispatches are solely those of our correspondents in the field and do not necessarily reflect the views of JURIST’s editors, staff, donors or the University of Pittsburgh.

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Exclusive: Saks Global nearing $1.75 billion financing plan ahead of bankruptcy filing, sources say

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Exclusive: Saks Global nearing .75 billion financing plan ahead of bankruptcy filing, sources say
  • Saks Global to file for Chapter 11 bankruptcy imminently, sources say
  • $1.75 billion financing led by Pentwater and Bracebridge
  • Financing allows Saks to repay vendors, restock inventory during reorganization
NEW YORK, Jan 13 (Reuters) – Beleaguered luxury retailer Saks Global is close to finalizing $1.75 billion in financing with creditors that would allow its iconic Saks Fifth Avenue, Bergdorf Goodman and Neiman Marcus stores to remain open, two people familiar with the negotiations said.

The department store conglomerate wants to reorganize its debt and operations in Chapter 11 bankruptcy, which it could file “imminently”, the people said.

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The financing would provide an immediate cash infusion of $1 billion through a debtor-in-possession loan from an investor group led by Pentwater Capital Management in Naples, Florida, and Boston-based Bracebridge Capital, the people said.

The company’s banks would also provide an additional $250 million in financing through an asset-backed loan, the people said, asking not to be identified because the discussions are private.

A DIP loan helps companies pay salaries, vendors and other ongoing expenses while a company goes through Chapter 11 bankruptcy, allowing it to continue operating while reorganizing its business. DIP financing gives investors priority repayment if the company isn’t successful and has to liquidate, so a bankruptcy judge will have to sign off on it.

Saks Global, which controls stores and brands that have helped shape America’s taste for high fashion over the last century, would have access to another $500 million of financing from the investor group once it successfully exits bankruptcy protection, the sources added.

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The negotiations are still fluid and the exact terms of the lending package could change, they cautioned. The financing plan would also need approval from a bankruptcy judge before it is finalized. The filing could come as soon as Tuesday, the people said.

The DIP finance package would allow Saks Global to repay its vendors and restock depleted inventory, one of the people said, while a Chapter 11 reorganization allows it to continue operating as it restructures its finances and renegotiates lease agreements and other contracts.

The so-called DIP loan could eventually be converted into equity or another type of asset, instead of repaid, if Saks successfully emerges from bankruptcy, one of the people said.

PJT Partners, which is advising Saks on its restructuring, declined to comment. Saks did not immediately return a request for comment.

A LUXURY DREAM THAT FAILED

Driven by the vision of real estate investor Richard Baker, Canada-based conglomerate Hudson’s Bay Co, which had owned Saks since 2013, bought rival Neiman Marcus in 2024 for $2.65 billion and spun off its U.S. luxury assets to create Saks Global. The plan was to more easily take on competitors like Bloomingdale’s (M.N), opens new tab and Nordstrom by bringing together two of America’s best-known department store chains.
Big names such as Amazon (AMZN.O), opens new tab and Salesforce (CRM.N), opens new tab backed the Saks Global deal by becoming equity investors.

While the marriage gave the newly formed luxury conglomerate more leverage to negotiate discounts with vendors, it also left it saddled with debt. Saks Global took on about $2.2 billion in fresh debt as part of the deal, targeting $600 million in annual cost savings, according to media reports citing the company’s investor call in October.

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But demand for luxury goods didn’t rebound as hoped for in 2025 and the servicing costs on that debt significantly ate into its cash flow, making it late in paying vendors and investors, according to interviews with former vendors, investors and analysts. Saks Global had to tap investors for another $600 million in June and missed a crucial bond payment last month.

Some of Saks’ bonds are trading at as little as a penny on the dollar. Its first lien bonds, which have the most protection in bankruptcy, are trading at 25 cents to 30 cents, one bond investor told Reuters.

The new cash injection should give Saks enough breathing room, and liquidity, to eventually recover, one investor said.

It wasn’t clear whether the restructuring plan will include additional changes to the company’s management team or its storied real estate holdings, which include its flagship Saks Fifth Avenue store in New York City. The company abruptly replaced its chief executive – veteran retail executive Marc Metrick – earlier this month, elevating Baker to CEO.

Reporting by Dawn Kopecki in New York and Matt Tracy in Washington; Editing by Lisa Jucca, Deepa Babington and Lisa Shumaker

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