The Supreme Court is currently hearing an appeal in Johnson v FirstRand Bank—motor finance cases where it is said there had been a ‘secret’ commission when a consumer got a car on hire purchase or conditional sale.
The whole premise of the case is false; there were no real ‘commissions’, let alone fiduciary relationships.
The basic facts
A consumer wants a car. They are at a car dealership, with cars on offer. The consumer needs finance. The dealer arranges it with a lender (a bank etc) (‘the creditor’). The consumer agrees the financial details (price of car, deposit, perhaps part exchange, term and monthly payments). It is that simple.
Then along came the claims management industry. On the back of the payment protection insurance (PPI) industry culminating in Plevin v Paragon Personal Finance Ltd [2017] UKSC 23, it was ‘discovered’ that some of the interest in the monthly payments to the creditor was disbursed to the dealer.
This ‘disbursement’ (a
