Discretionary Commissions
Discretionary Commissions
On 11 January 2024 the Financial Conduct Authority (FCA) made an announcement concerning customer complaints involving motor finance agreements, where a discretionary commission was paid to motor dealers between 6 April 2007 and 27 January 2021.
The FCA have introduced a pause, until 04 December 2025, to our complaints handling process for these customers only (i.e. regarding commissions), while the FCA undertakes an urgent review to assess whether any specific action is required.
Customers affected by the changes have up to 15 months from the date of their final resolution letter or 26 July 2026, (whichever is later) to refer their complaint to the Financial Ombudsman rather than the usual 6 months.
BMW Group Financial Services are taking all necessary steps to support the FCA during the course of their review and to ensure that affected customers are supported and provided with every assistance to minimise any inconvenience.
In addition, subsequent legal cases and appeals surrounding non-discretionary commission mean the FCA has decided to pause the complaints handling process for all commission complaints from the usual 8 weeks until 04 December 2025. This is to allow the FCA to provide guidance to the industry.
What is a discretionary commission?
Before January 2021, some lenders allowed brokers (the person that arranges the loan, for example, your car dealer) to adjust the interest rates they offered for car finance.
Typically, the amount of commission earned by a broker was determined by the interest rate that the agreement had been contracted at - the lower the interest rate, the lower the commission the broker received, and vice versa. This was known as a discretionary commission arrangement. Since January 2021, this commission model is no longer allowed.
Which customers could this apply to?
If you entered into a Select or Hire Purchase agreement between 6 April 2007 and 27 January 2021 you may be included.
How do I find out if my agreement was subject to a discretionary commission?
Please complete our discretionary commission enquiry form by clicking on the link below.
You’ll need vehicle registration, finance agreement number and any previous postcode / surname at the time of your agreement.
When can I expect to hear from you?
We’ll acknowledge receipt of your enquiry form straight away. We are receiving a large number of enquiries and whilst we’ll reply as soon as we can, it could take up to 88 days. Thank you for your patience.
What should I do if you confirm there was a discretionary commission model applicable to my agreement?
In this case, we will automatically log a formal complaint on your behalf and send you a letter of acknowledgement. No further action is required from you.
We will investigate your complaint but we will not issue a final response until after the FCA has concluded its review in May 2025. This could take up to 04 December 2025. There is no need to contact us in the meantime.
Where can I log a commission complaint?
You can register a commission complaint here.
Please provide vehicle registration, finance agreement number and any previous postcode /surname at the time of your agreement.
If you've already enquired with us about discretionary commission, we'll automatically register a non-discretionary commission complaint on your behalf. We'll do this even if discretionary commission did not apply and we'll confirm this to you in writing.
Where can I find further information from the Financial Conduct Authority?
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