High Court sides with financial ombudsman in landmark commission case


The High Court has ruled in favour of the Financial Ombudsman Service (FOS) in a dispute concerning a discretionary commission arrangement (DCA) within a motor finance agreement.

The case involved Barclays Partner Finance, who challenged the ombudsman’s decision to uphold a consumer complaint over unfair commission disclosures.

The lender’s appeal, consisting of three grounds of challenge, was dismissed entirely and confirmed that the Ombudsman correctly interpreted the relevant rules and the Consumer Credit Act 1974, confirming that both the lender and the car dealer failed to meet disclosure standards.

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