WEBVTT - Fallout From the UK Car Financing Commission Scandal

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<v Speaker 1>Bloomberg Audio Studios, Podcasts, radio news. Hey it's Maren here.

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<v Speaker 1>Just a reminder before we get started. I've launched a

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<v Speaker 1>the link in the show notes below. Welcome to Meron

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<v Speaker 1>Talks Your Money, the personal finance edision of Meron Talks Money.

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<v Speaker 1>In these bonus podcasts, we talk about the best strategyde

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<v Speaker 1>for making the most of your money. I'm Merrin su

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<v Speaker 1>Stetweb and with me this week senior reporter Harry Wilson

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<v Speaker 1>and reporter Eleanor Thornberg, replacing John Steppeck, who was away

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<v Speaker 1>this week outrageously because I'd love to talk to him

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<v Speaker 1>about this particular subject. We are talking this week about

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<v Speaker 1>car commission payments. British car dealers very often don't just

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<v Speaker 1>sell you cars, they arrange the loans that allow you

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<v Speaker 1>to buy them. Historically, those loans have looked relatively competitive

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<v Speaker 1>if you've gone in to buy a car, you've chosen

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<v Speaker 1>your car, you've sat down with the dealer, he's offered

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<v Speaker 1>you a loan, you've assumed it's a fixed price, you've

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<v Speaker 1>taken it. What we're now learning, thanks to an FCO

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<v Speaker 1>investigation which started in January, is that those prices were

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<v Speaker 1>not fixed. They included hidden commissions about forty percent of

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<v Speaker 1>the time, commissions that use the buyer knew nothing about,

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<v Speaker 1>and it turns out that that is not legal. Carry

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<v Speaker 1>tell us what's happened here.

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<v Speaker 2>What you've got is a change in the UK car

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<v Speaker 2>buying market over the last couple of decades, and out

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<v Speaker 2>of recently. Essentially most people buy a car that're taking

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<v Speaker 2>out some kind of financing. So the larger part of

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<v Speaker 2>car for finance purchases these days are going to be

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<v Speaker 2>with a thing called a personal contract.

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<v Speaker 1>Plan, the ones right where you pay you pay a

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<v Speaker 1>monthly fee or a monthly payment and then at the

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<v Speaker 1>end there's a balloon payment and you can choose or

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<v Speaker 1>not choose to pay that balloon payment and take full

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<v Speaker 1>ownership of the car.

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<v Speaker 2>Correct, So what you're doing with a PCP contract is

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<v Speaker 2>paying the depreciation on the car effectively. So what you've

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<v Speaker 2>got as agreement between you and the dealer to essentially

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<v Speaker 2>finance the value of the car as it starts and

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<v Speaker 2>what they reckon it will be at the end of it,

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<v Speaker 2>and that then chops up into thirty six or monthly

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<v Speaker 2>payments normally, So pretty uncontroversial. That's that's the way most

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<v Speaker 2>people have been buying cars now for more probably more

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<v Speaker 2>than a decade. And it's also the way that most

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<v Speaker 2>car manufacturers car dealers make a lot of their money too,

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<v Speaker 2>is they're not essentially selling your car, they're selling your

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<v Speaker 2>financing product when you go in there.

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<v Speaker 1>So what's a difference between that and higher purchase HP,

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<v Speaker 1>because that's included as well, right, So.

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<v Speaker 2>Higher purchase is more expensive in terms of your monthly payments,

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<v Speaker 2>so you're a difference maybe several hundred pounds in what

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<v Speaker 2>you have to page month. PCP is cheaper, but at

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<v Speaker 2>the end of it, you will have a larger payment

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<v Speaker 2>to buy the vehicle at the end, So high purchase

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<v Speaker 2>is going to be a formality. PCP is probably going

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<v Speaker 2>to be something in order of several thousand pounds to

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<v Speaker 2>actually own the car at the end. And the reality

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<v Speaker 2>is most people at the end of a PCP contract,

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<v Speaker 2>probably won't actually buy the car. They'll roll over the deal.

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<v Speaker 2>The car dealer will say that they've got something like

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<v Speaker 2>equity in their car, so they'll then take out to

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<v Speaker 2>buy a new car, take out a new PCP plan,

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<v Speaker 2>and the sort of the cycle continue.

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<v Speaker 1>Like maybe a mortgage been autor just paying for that duty.

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<v Speaker 1>So you know, from your point of view as a customer,

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<v Speaker 1>you see an interest rate, maybe it's four percent, five percent,

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<v Speaker 1>looks kind of fine, you pay you maybe, I mean,

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<v Speaker 1>this is this is in their years running up to

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<v Speaker 1>twenty twenty one, is what we're talking about. These kind

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<v Speaker 1>of deals were made illegal in twenty twenty one. So

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<v Speaker 1>before that, you got off of a prize, you could

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<v Speaker 1>afford the price, you paid the price, you've got the car.

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<v Speaker 1>Where's the problem?

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<v Speaker 3>You just essentially didn't know that some of the money,

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<v Speaker 3>some of the payments that you were making were actually

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<v Speaker 3>to the lenders benefit and not necessarily for the car

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<v Speaker 3>that you're paying for. So the commissions are said actually

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<v Speaker 3>created perverse incentives all the lenders themselves, which you weren't

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<v Speaker 3>aware of.

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<v Speaker 1>Yeah, the thing here is that the interest rate is

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<v Speaker 1>effectively discretionary. Yeah, so it's called it a DCA discretion

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<v Speaker 1>discretionary commission payment. So you could conceivably, if this car

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<v Speaker 1>salesman wasn't in the way of your deal, you could

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<v Speaker 1>possibly have got a rate of say two and a

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<v Speaker 1>half percent or three percent. But because he's in the way, Yeah,

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<v Speaker 1>adding his bit on told up, maybe you've paid five

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<v Speaker 1>percent or six percent. And that's the problem. You didn't

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<v Speaker 1>know what it was exactly.

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<v Speaker 2>Okay.

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<v Speaker 1>Now, when the FCA originally started to look at this,

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<v Speaker 1>their main concern was exactly that was these commission payments,

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<v Speaker 1>was the idea that there was a discretionary commission in

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<v Speaker 1>there and people didn't know about it. But now the

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<v Speaker 1>most recent court case, almost recent ruling has widened this

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<v Speaker 1>out right to any kind of commission payment that you

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<v Speaker 1>didn't know about. So there are other types of commission

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<v Speaker 1>payment in here as well.

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<v Speaker 3>Can you tell us, yes, a non discretionary which is

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<v Speaker 3>kind of where the officer where the customer is told

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<v Speaker 3>that there is going to be commissioned, or the payments

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<v Speaker 3>that they make. But yeah, as you say, the court

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<v Speaker 3>case kind of up so kind of any commission that

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<v Speaker 3>is paid has now been made like unlawful behavior.

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<v Speaker 1>So flat fee is paid by finance companies to the

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<v Speaker 1>does bring all franks.

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<v Speaker 3>Yeah, so if you're Barclays and you pay the commission

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<v Speaker 3>to the lender, you are inherently involved because you've played

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<v Speaker 3>a part in paying that commission, which is now illegal.

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<v Speaker 1>Okay, So we'll come on to this being horrible for

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<v Speaker 1>the banks because they must be signally going, oh lord,

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<v Speaker 1>here we go again, because I remember the PPI scandal

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<v Speaker 1>and the billions and billions they had to pay out then.

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<v Speaker 1>But for a consumer now here you are, You've got

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<v Speaker 1>your car, your car might even be paid off at

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<v Speaker 1>this point, and suddenly somebody's saying to you, do you

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<v Speaker 1>know what? You could get a pile of cash out

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<v Speaker 1>of this. How do you go about doing that?

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<v Speaker 3>Well, you'd have to make a claim by the Financial

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<v Speaker 3>Oddmusman Service, And the kind of actions of the FAA

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<v Speaker 3>are certainly encouraging off people to do that. As you say,

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<v Speaker 3>they've opened up to not just kind of any kind

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<v Speaker 3>of form of commission. So it actually be quite straightforward.

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<v Speaker 3>I mean, it just depends on how many people decide

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<v Speaker 3>to do that, I suppose, but it is quite a

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<v Speaker 3>straightforward procedure. You just make a complaint and see how

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<v Speaker 3>much money you're entitled to. I think it depends on

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<v Speaker 3>where exactly you start to the car finance.

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<v Speaker 1>Yeah, I'm the first thing to do is to find

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<v Speaker 1>out whether you've actually had this discretionary commission in your deal,

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<v Speaker 1>because obviously, because you won't talked about it exactly, you

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<v Speaker 1>don't know if you've got it or not. So the

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<v Speaker 1>first thing, presumably is to go to your car finance

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<v Speaker 1>company and say is this in there? So you need

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<v Speaker 1>to write a letter to them, and there are template

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<v Speaker 1>letters you can use. Money Saving Expert has one, which

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<v Speaker 1>has one, you can find others on the internet. So

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<v Speaker 1>the first thing to do, I would guess, is to

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<v Speaker 1>use it a template to find out whether you actually

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<v Speaker 1>might be owed any money or not. And I think

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<v Speaker 1>it's about forty percent of car finance deals did have

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<v Speaker 1>this discretionary commission in it. So that's the first step, right, yes,

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<v Speaker 1>And then then you.

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<v Speaker 3>Wait, yes, wait and see with fingers crossed.

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<v Speaker 1>And we know the timeframe.

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<v Speaker 3>It's not clear as you say, it's a straightforward procedure,

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<v Speaker 3>so it could suddenly amass all at once and that

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<v Speaker 3>might clog things up. But if you know the banks

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<v Speaker 3>on the lenders are expecting it, it may well not

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<v Speaker 3>take long at all.

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<v Speaker 1>Yeah, I'm I think that the period in which the

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<v Speaker 1>banks or finances can respond has been taken out to

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<v Speaker 1>the end of the next year. Yes, a lot of

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<v Speaker 1>widens the window even more exactly, so you've got a

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<v Speaker 1>long time to do it. But on the other hand,

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<v Speaker 1>you might as well get started because we don't know

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<v Speaker 1>how this this stuff is going to move. And I

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<v Speaker 1>think the FCAS there are already twenty thousand complaints or

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<v Speaker 1>so open, so there's a lot more complaints to come.

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<v Speaker 1>And if there is this huge volume and they decided

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<v Speaker 1>to go with both discretionary and a discretional interest in

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<v Speaker 1>other types of commission, you're talking potentially hundreds and hundreds

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<v Speaker 1>of thousands of claims. So, you know, exciting times for consumers.

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<v Speaker 1>I mean, Harry, you probably remember, as I do, the

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<v Speaker 1>PPI payments and it came out to the fifty billion

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<v Speaker 1>or some was a genuine boost to the consumer economy,

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<v Speaker 1>and they said there's anything that Rachel Rice could do

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<v Speaker 1>with right now would be a fifty billion booth from

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<v Speaker 1>the banks into the consumer economy.

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<v Speaker 2>Yeah, I mean, it's crazy when you think back. I

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<v Speaker 2>think it was around about twenty ten twenty eleven, one

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<v Speaker 2>of the big US investment banks came out with its

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<v Speaker 2>worst case scenario for PPI and it said something in

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<v Speaker 2>a reader of about three point twenty five three point

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<v Speaker 2>five billion pounds of claims was the worst case, and

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<v Speaker 2>this was seen as crazy at the time. And some

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<v Speaker 2>months after that Lloyd's actually made a three point five

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<v Speaker 2>billion pound provision, which again was seen as way over

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<v Speaker 2>the top. It's never going to need all that money.

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<v Speaker 2>What was they doing? Well, when Lloyd's got to about

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<v Speaker 2>thirty billion, I think most people realized that the three

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<v Speaker 2>point five was, if anything, a massive underrestment. So the

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<v Speaker 2>question for the industry really at the moment is are

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<v Speaker 2>we looking at something here that could balloon into a

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<v Speaker 2>PPI site situation? Are the numbers at the moment actually

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<v Speaker 2>relatively small fry compared to what potentially could be paid

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<v Speaker 2>out here?

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<v Speaker 1>So Ragiraries must be you know, licking her lips.

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<v Speaker 2>Well, yes, I mean there is some quite serious academic

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<v Speaker 2>money going from the banks.

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<v Speaker 1>Yeah.

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<v Speaker 2>Well, this thing is that it is genuinely stimulative because

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<v Speaker 2>this is relatively small amounts of money, you know, a

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<v Speaker 2>few thousand pounds here, and it tends to be money

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<v Speaker 2>that people aren't going to put into a saving scout.

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<v Speaker 2>It's money that gets immediately recycled into economy. You know,

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<v Speaker 2>people buy a new TV or something like that. So

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<v Speaker 2>there could be a short term sugar rush if there is,

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<v Speaker 2>you know, if this does turn into a mini or

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<v Speaker 2>even a major PPI type situation.

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<v Speaker 1>But there was a suggestion from Moodius the other day

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<v Speaker 1>there will come out of the thirty billion US so,

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<v Speaker 1>as you said, isn't it billion? That really is real money.

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<v Speaker 1>And of course last time a lot of the PPI

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<v Speaker 1>money was recycled into cars. Do you remember that.

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<v Speaker 2>Yeah, yeah, so look out life comes with so it's possible,

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<v Speaker 2>you know, this money goes straight back into the pockets

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<v Speaker 2>of the car companies through people buying new cars.

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<v Speaker 1>That like PPI. When it's a sort of mass redress system, right,

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<v Speaker 1>everyone gets there's a fairly standard payment system. It's really

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<v Speaker 1>very efficient way to get money into the pockets of

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<v Speaker 1>ordinary people. It's like another people's Q.

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<v Speaker 2>Quite. The only thing I suppose banks would question would

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<v Speaker 2>be to say, well that's all great, but then that

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<v Speaker 2>puts our cost of capital. We are seen as increasingly uninvestable.

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<v Speaker 2>Therefore we need to now pass that on in terms

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<v Speaker 2>of higher costs across the board in terms of all

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<v Speaker 2>our products. So yes, everyone sees a or at least

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<v Speaker 2>those who bought these products will get the money. What

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<v Speaker 2>you might see though, over the time, is a gradual

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<v Speaker 2>increase in the costs of a range of financial products,

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<v Speaker 2>which generally it won't be good for anyone. But you

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<v Speaker 2>know that's a longer term problem, and in the here

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<v Speaker 2>and now, you know a few thousand pounds would be

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<v Speaker 2>quite nice to a lot of people.

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<v Speaker 1>Definitely, do you have any sense at all of it

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<v Speaker 1>when you say a few thousand pounds of exactly how

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<v Speaker 1>this might work. I mean, the only thing I've seen

0:10:12.160 --> 0:10:14.160
<v Speaker 1>is one a couple of the rulings so far, it

0:10:14.200 --> 0:10:16.160
<v Speaker 1>looks like there's about two percentage points in it in

0:10:16.200 --> 0:10:19.880
<v Speaker 1>terms of the discretionary commission. And then the FS insisted

0:10:19.880 --> 0:10:22.000
<v Speaker 1>on one of those cases that went through that the

0:10:22.040 --> 0:10:24.800
<v Speaker 1>difference was paid back, but with an interest rate of

0:10:24.880 --> 0:10:26.360
<v Speaker 1>eight percent on that gap.

0:10:26.640 --> 0:10:29.640
<v Speaker 2>Yeah, so eight percentage is the standard rate that you

0:10:29.679 --> 0:10:32.760
<v Speaker 2>often get applied in these types of cases. At the moment,

0:10:33.120 --> 0:10:34.880
<v Speaker 2>it's all a bit up in the air because we've

0:10:34.920 --> 0:10:37.680
<v Speaker 2>just had these court rulings. So everything is really hinting

0:10:37.720 --> 0:10:41.040
<v Speaker 2>on now the appeals, and which is why the FCA

0:10:41.120 --> 0:10:43.760
<v Speaker 2>itself has actually issued a notice to all of the

0:10:43.760 --> 0:10:46.360
<v Speaker 2>different players in this, all the car finance companies, to

0:10:46.400 --> 0:10:49.800
<v Speaker 2>say there's a moratorium and moments one claims pending the

0:10:50.040 --> 0:10:52.480
<v Speaker 2>outcome of these legal cases. But after that, and I

0:10:52.520 --> 0:10:54.760
<v Speaker 2>guess we're really waiting to see if the Supreme Court

0:10:54.800 --> 0:10:56.560
<v Speaker 2>will take up the case. I think the expectation is

0:10:56.559 --> 0:10:58.800
<v Speaker 2>the Supreme Court will take up the case and probably

0:10:58.800 --> 0:11:01.320
<v Speaker 2>take it up pretty quickly, and then once we've got

0:11:01.360 --> 0:11:03.440
<v Speaker 2>a ruling there, then you have a far better idea

0:11:03.480 --> 0:11:04.960
<v Speaker 2>of how this is all going to play out and

0:11:04.960 --> 0:11:07.800
<v Speaker 2>what people might reasonably expect. But obviously anyone telling it

0:11:08.120 --> 0:11:10.880
<v Speaker 2>at the moment exactly what you can get can't be

0:11:10.880 --> 0:11:13.559
<v Speaker 2>telling the truth because no one knows until the course of.

0:11:13.559 --> 0:11:16.640
<v Speaker 1>Rule in this well, that takes us neatly to the

0:11:16.720 --> 0:11:18.240
<v Speaker 1>assumption that there's going to be a big pal of

0:11:18.280 --> 0:11:20.160
<v Speaker 1>scams around this in the same way that they were

0:11:20.200 --> 0:11:23.800
<v Speaker 1>around PPI amoralty that will be totally legitimate claims companies

0:11:24.080 --> 0:11:27.200
<v Speaker 1>that will be suggesting that they help you with your

0:11:27.240 --> 0:11:29.240
<v Speaker 1>claim right eleanor that that's going to happen just like

0:11:29.240 --> 0:11:30.920
<v Speaker 1>it did last time. Yes, in theory.

0:11:31.000 --> 0:11:33.200
<v Speaker 3>Yes, when I was speaking to people about it last week,

0:11:33.280 --> 0:11:35.040
<v Speaker 3>they were kind of saying you might also get lawyers

0:11:35.040 --> 0:11:36.680
<v Speaker 3>who jump on it as well, the kind of ambulance

0:11:36.760 --> 0:11:39.920
<v Speaker 3>chasers who will kind of make money and profit off

0:11:39.960 --> 0:11:41.800
<v Speaker 3>of people being on search amount whether or not going

0:11:41.840 --> 0:11:43.000
<v Speaker 3>to have a claim and if they can take it

0:11:43.040 --> 0:11:43.400
<v Speaker 3>to court.

0:11:43.720 --> 0:11:45.280
<v Speaker 1>So yeah, I'm sure there will be. Well, you can

0:11:45.320 --> 0:11:48.240
<v Speaker 1>already see those on social media. They're already out there saying,

0:11:48.280 --> 0:11:50.719
<v Speaker 1>you know, you can claim going back twenty years etc.

0:11:50.960 --> 0:11:53.439
<v Speaker 1>On your car finance. But as we've discussed as a

0:11:53.480 --> 0:11:55.079
<v Speaker 1>much easier way to do it, you don't have to

0:11:55.160 --> 0:11:57.040
<v Speaker 1>use a claimed company. You simply use one of the

0:11:57.320 --> 0:12:00.920
<v Speaker 1>template letters they are exelcted you very much. Look out

0:12:00.960 --> 0:12:03.440
<v Speaker 1>for the difference between a legitimateclaims company, which again we

0:12:03.480 --> 0:12:06.079
<v Speaker 1>don't suggest to use, and a scam. And if you

0:12:06.120 --> 0:12:08.480
<v Speaker 1>do use a logist mcclaims company, you will find that

0:12:08.720 --> 0:12:11.000
<v Speaker 1>you'll be giving part of your compensation away to them,

0:12:11.040 --> 0:12:13.480
<v Speaker 1>which you don't really want to be doing either. No,

0:12:13.520 --> 0:12:14.000
<v Speaker 1>definitely not.

0:12:14.040 --> 0:12:16.680
<v Speaker 2>There's also an interesting question here for the car industry.

0:12:16.960 --> 0:12:19.720
<v Speaker 2>There obviously the lights of VW aren't doing so well,

0:12:19.720 --> 0:12:23.439
<v Speaker 2>at the moment factory closures. Now you see that potentially

0:12:23.520 --> 0:12:27.000
<v Speaker 2>VW's own financing arm could obviously be among those companies

0:12:27.040 --> 0:12:29.760
<v Speaker 2>are going to have to pay out compensation costs to

0:12:29.760 --> 0:12:34.120
<v Speaker 2>people who've been sold these products over decades. So it's

0:12:34.160 --> 0:12:38.120
<v Speaker 2>probably just another issue for the car manufacturers already struggling

0:12:38.120 --> 0:12:41.560
<v Speaker 2>with evs, already struggling with cost of living crisis, all

0:12:41.559 --> 0:12:43.520
<v Speaker 2>of these kind of things, and it's just another problem

0:12:43.520 --> 0:12:45.840
<v Speaker 2>for them which is probably very unwelcome.

0:12:46.120 --> 0:12:48.320
<v Speaker 1>Interestingly, there was an article on the newspaper the other day,

0:12:48.360 --> 0:12:50.280
<v Speaker 1>and I can't remember who wrote it. I just noticed

0:12:50.320 --> 0:12:53.520
<v Speaker 1>the headline and it said that the headline basically said

0:12:53.520 --> 0:12:56.679
<v Speaker 1>you shouldn't be claiming compensation for this, don't be greedy,

0:12:56.840 --> 0:12:58.319
<v Speaker 1>And I thought, well, that's not quite right, is it,

0:12:58.360 --> 0:13:01.800
<v Speaker 1>because who's been greedy already? Well? Quiet, thank commission takeers.

0:13:01.960 --> 0:13:03.320
<v Speaker 1>So I think the only thing that I would have

0:13:03.320 --> 0:13:06.040
<v Speaker 1>to add that is that I can't think of another

0:13:06.120 --> 0:13:08.720
<v Speaker 1>country anywhere. It must be only in the UK where

0:13:08.720 --> 0:13:11.720
<v Speaker 1>a massive miss selling scandal is actually a positive, because

0:13:11.720 --> 0:13:14.600
<v Speaker 1>in my health, our consumers out we will see, we

0:13:14.760 --> 0:13:22.839
<v Speaker 1>will see. Thank you both very very much, indeed, thanks

0:13:22.840 --> 0:13:24.600
<v Speaker 1>for listening to this week's Maren Talk to Your Money.

0:13:24.679 --> 0:13:27.000
<v Speaker 1>If you like our show, rate review, and subscribe wherever

0:13:27.000 --> 0:13:28.960
<v Speaker 1>you listen to podcasts. Also be sure to follow me

0:13:29.040 --> 0:13:31.520
<v Speaker 1>and John on ex or Twitter. I am at Maren

0:13:31.559 --> 0:13:35.840
<v Speaker 1>sw and John is John Underscore Stepping. This episode was

0:13:35.840 --> 0:13:38.760
<v Speaker 1>produced by some Asidi production support and sound designed by

0:13:38.760 --> 0:13:41.839
<v Speaker 1>Moses and Questions and comments on this show and all

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<v Speaker 1>our shows are always welcome. Our show email is merin

0:13:45.360 --> 0:13:48.400
<v Speaker 1>Money at Bloomberg dot net, and of course thank you

0:13:48.400 --> 0:13:50.920
<v Speaker 1>to Harry and Elanov joining us today and giving us

0:13:50.920 --> 0:13:59.559
<v Speaker 1>your insights. Very grateful for that. Want to listen to

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