Finance
Car finance: what is the FCA looking into and will people get money back?
The financial watchdog has announced that it is investigating the car loans market to see if commission payments to brokers were too high. If the Financial Conduct Authority (FCA) finds against the brokers, it could trigger payouts to potentially millions of car buyers.
What car finance is the FCA looking at?
The loans in question were taken out by people buying new and secondhand cars, probably in the form of hire purchase plans or personal contract purchase (PCP) plans – both of which involve making repayments over a long period.
In recent years PCPs have been used by about eight in 10 new car buyers. They are also offered by big secondhand dealers, including those online.
When a car buyer uses a PCP they pay a deposit and take out a loan for a set period – maybe three or four years. The loan is not for the price of the car, but for how much it will depreciate during the period.
During that time they make monthly repayments and at the end of the loan period are given the option of making a final, “balloon”, payment to own the car, or handing it back and starting a new plan.
So if, for example, the new car is advertised at £20,000 and the dealer judges it will be worth £12,000 after three years and the buyer pays a deposit of £2,000, they will take a loan for £6,000 over the three-year period.
The FCA is looking at finance plans used to buy a car before 28 January 2021.
Personal contract hire (PCH) plans are not affected.
What are the FCA’s concerns?
Overcharging, essentially.
People buying a car through a plan would typically use an intermediary – for example, the dealer – to arrange the finance. Before January 2021 some of the lenders providing the finance used to allow these middlemen, referred to as brokers, to adjust the interest rates they charged customers.
Some brokers had “discretionary commission arrangements”, which meant they were paid more if the interest rate was higher, and so they had an incentive to make the loan more expensive for the customer.
What has prompted the investigation?
Customers who took out loans before 2021 have been complaining to lenders and brokers, encouraged by claims management firms. Most have been turned away. About 10,000 have taken their complaints to the Financial Ombudsman Service, the organisation that settles disputes between financial firms and consumers.
It has decided on two cases, and in both found that the way the commission arrangement between the lender and the car dealer worked was unfair to the consumer.
The FCA is clearly concerned that these are not isolated incidents.
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How much has been overpaid?
It will vary from case to case as it seems some lenders gave brokers a wide choice of interest rates to apply.
In one of the ombudsman cases, the buyer was found to have been charged an interest rate of 5.5% when she would have paid 2.9% without the broker’s commission. In the second, the driver paid 4.67% when without commission the rate was 2.68%.
To give you an idea, on a £5,000 loan arranged over three years the difference in cost between rates of 2.9% and 5.5% is about £200.
Will I get a refund?
Not if you bought your car on or after 28 January 2021.
Otherwise you might. The FCA says that if it does find “widespread misconduct” and that consumers have lost out it will work out how to compensate people – it could be that it orders a return of whatever extra interest is calculated to have been paid over the loan period.
That is some way off at the moment. In the meantime, you do not need to do anything – in fact, complaints have been paused so nothing will be done until the end of the process.
A claims management company has called. Shall I use it?
No. You will have to pay a fee if you use a company to make your claim – it typically comes out of the payout.
If you haven’t made a complaint about this issue previously, you could wait to see what happens to the FCA investigation. If it finds bad practice it may order brokers to proactively contact customers who were affected to arrange compensation.
But it could tell them to reimburse the customers who have complained – and there is a time limit on complaints. Generally, you need to complain to your provider within six years of a problem happening or within three years of you becoming aware that you had cause to complain. If you think you could be running out of time, you should consider complaining to your provider now.
For anyone who has complained to a lender or broker and had that dismissed between 12 July 2023 and 10 January 2024, the FCA has extended the period in which you can take your complaint to the Financial Ombudsman from six to 15 months.
Finance
Auto Finance Capital Summit | Insights | Mayer Brown
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Finance
Yes, retail investment needs a boost – but the squirrel looks too tame | Nils Pratley
Red squirrel characters have a history in the public information game. Older UK readers may recall Tufty, who taught children about road safety in the 1970s. His chum, Willy Weasel, regularly got knocked down by passing cars but clever Tufty always remembered to look both ways.
Now comes Savvy Squirrel, who, with backing from the chancellor and a multi-year lump of advertising spend from the financial services industry, will try “to drive a step-change in how investing is understood, discussed and adopted”, as the blurb puts it. In translation: don’t squirrel everything away in a boring cash Isa but try taking an investment risk or two if you value your long-term financial health.
As with preventing road traffic accidents, the cause is noble. Every study on long-term financial returns reaches the same conclusion: inflation is the investor’s enemy and there is a cost to holding cash for long periods.
One statistical bible is the Equity Gilt Study published by Barclays, and a few numbers demonstrate the point. From 2004 to 2024, cash generated a return of minus 40.5% in real terms (meaning after inflation and including interest paid). By contrast, a conventional diversified portfolio comprising 60% UK equities and 40% gilts increased by 21.6% in real terms. A missed opportunity of 62.1 percentage points is enormous
Rachel Reeves’s interest in promoting the virtues of investment lies not only in helping savers but in greasing the wheels of the capital markets. Fair enough: a healthy economy needs a healthy stock market, including one that makes it easy for retail investors to participate. It is slightly ridiculous that the colossal sum of £610bn is estimated to be sitting in cash savings in the UK; it can’t all be rainy-day money or cash parked awaiting a house purchase.
Many Americans famously follow the stock markets closely and discuss their 401(k) pensions savings plans but, even by European standards, the UK’s retail investment culture lags. Sweden has popularised investment with tax-breaks and other changes. Even supposedly cautious Germans are less inhibited. So, yes, one can applaud the ambition behind the campaign.
But here’s the doubt: it all feels terribly tame.
One can imagine an alternative launch in which Reeves tried to create a buzz by cutting stamp duty on share purchases. There are good reasons to adopt that policy anyway, as argued here many times, but a cut now would grab attention. True, rules for banks and investment firms on giving “targeted guidance” are being loosened to allow more useful advice alongside the “capital at risk” warnings. Yet the current news flow in Isa-land is about HMRC’s pernickety interpretation of the tax treatment of cash held within stocks and shares account. That just creates bad vibes in the wings.
Meanwhile, the campaign’s goals read as wishy-washy. It’s all about “helping people build confidence over time”, apparently. Well, OK, that’s what the market research suggests, but “creating more opportunities for everyday conversations” is limp when, in the outside world, teenagers are trading crypto on their phones and the world is awash with smart apps. The intended audience can surely handle more directness.
As for the squirrel, it may get lost in the forest of meerkats and other CGI creatures deployed by financial services firms. For a campaign that is supposed to be doing something distinctly different, why go with a character which, on first glance, looks generic?
Back in the pre-smartphone 1970s, there was a certain shock value for the average five-year-old in seeing Willie Weasel lying injured in the road. At least the message about bad consequences was clear and memorable. One wishes the Savvy campaign well, but one fears a conversational squirrel may struggle to be heard.
Finance
German finance minister wants to scrap spousal tax splitting
Last weekend, several thousand people took to the streets in Munich to demonstrate against abortion and assisted suicide. One speaker made an extremely dramatic plea against what he called the “culture of death” that has allegedly taken hold in Germany. One sign of this, the speaker argued, was that the government is planning to abolish a regulation known as “spousal tax splitting.”
Is tax law really relevant to deep philosophical debates on the sanctity of life? It is even a matter of life and death at all? Surely we needn’t go that far? In any case, the intense political uproar surrounding the new debate on whether to abolish spousal tax splitting is notable, even by today’s standards of populist outrage.
An advantage for couples with widely divergent incomes
The row was sparked by Germany’s vice chancellor and finance minister, Lars Klingbeil, of the center-left Social Democratic Party (SPD), who said he wanted to abolish and replace the joint taxation of spouses’ income, a system that has been in place since 1958.
How exactly does spousal tax splitting work? In Germany, married couples (and since 2013, couples in civil partnerships), can choose to have their income assessed jointly by the tax authorities.
It means that the taxable income for both spouses together is halved – as if both partners had each earned an equal half of the income. Their tax liability is then determined by simply doubling the income tax due on one half.
As people who earn more pay higher taxes in Germany, this system benefits couples where one partner (and often this is still the man) earns significantly more than the other (in practice often the woman).
Costs of up to €25 billion per year
If for example one partner earns €60,000 ($70,512) a year and the other partner earns nothing, the couple will be taxed as if they earned €30,000 each. In this example, the couple would save nearly €5,800 in taxes per year compared to the amount they would owe if both partners filed their taxes separately. According to the Finance Ministry, spousal tax splitting costs the government a total of up to €25 billion annually.
Some critics have long viewed splitting as a tool to keep women out of the labor market, because the more a woman earns, the larger her tax burden becomes. Klingbeil seems to agree, arguing on ARD television in late March that the system was “out of step with the times.” The spousal splitting system reflects “a view of women and families that is completely at odds with my own,” he said.
Chancellor Merz said to be in favor of splitting
On Monday of this week, Klingbeil got some surprising support on this from Johannes Winkel, head of the youth wing of the conservative Christian Democratic Union (CDU).
“Given the demographic reality, the government should create incentives to ensure that both partners in a relationship are employed,” Winkel told the Funke Media Group. “In the future, tax relief should primarily be granted to married couples when they are facing hardships related to raising children.”
But the chancellor is a vocal skeptic of the proposal. “I am not convinced by the claim that joint filing for married couples discourages women from working,” Friedrich Merz said at a conference organized by the Frankfurter Allgemeine Zeitung newspaper. “Marriage is a relationship based on shared income and mutual support. And in a marriage, income must be treated as a joint income for tax purposes, not separately.”
Klingbeil’s alternative plan
At around 74%, the labor force participation rate for women in Germany is one of the highest in Europe, but half of them work part-time.
Klingbeil’s idea is to replace the existing system with a more flexible approach: Both partners would be able to distribute tax-free income among themselves in such a way that it minimizes their tax liability. This would allow the couple to continue enjoying a tax advantage, albeit not to the same extent as before. And whether one partner earns more than the other would become less important.
However, it remains to be seen whether Klingbeil will be able to push through his proposal. Aside from Germany, similar regulations offering tax benefits to couples exist in Poland, Luxembourg, Portugal and France.
This article was originally written in German.
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