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Managing motor finance commission claims - How DWF can support lenders

22 May 2025

The motor finance sector is currently facing a significant rise in complaints and Letters Before Action ("LBAs") linked to motor finance commission cases. Recent court rulings have made it easier for Claims Management Companies ("CMCs") and their related legal firms to potentially issue hundreds of claims in the County Court in bulk. This has led to a significant increase in LBAs — the step necessary before a claim can be made — placing increasing pressure on motor finance lenders, particularly those managing these responses in-house.

A scalable solution for high-volume claims

Our Finance Litigation team offers a streamlined solution to help lenders manage this influx efficiently and compliantly. Their services include:

  • Handling LBAs: Managing bulk LBAs with timely, accurate responses that comply with the relevant court rules and regulatory requirements.
  • Mass response issuance: Using data provided by our clients, to prepare and issue volumes of responses efficiently and effectively.
  • Rapid mobilisation: Quickly scaling resources to meet client needs that helps you manage claims, save expenses and remain compliant.
  • Ready-made solution: A ready-to-use solution that enables immediate action, ensuring lenders can address the volume of LBAs and complaints without delay. 

Why timely action matters

Failing to respond to complaints or LBAs within required timeframes can lead to:

  • Regulatory risk: Breaches of Financial Conduct Authority (FCA) obligations, potentially resulting in penalties.
  • Cost exposure: Increased legal costs if claims proceed to court without a formal response.
  • Loss of control: CMCs may exploit non-responses to secure default judgments, leaving lenders unaware until it’s too late.

We ensure lenders remain informed and are in a better position, reducing the risk of claims being issued and helping deal with claims that are already issued.

Our approach

Our Finance Litigation team combines legal and regulatory expertise with our Legal Operations-led IT and AI solutions to deliver cost-effective and time efficient support, whether it be significant multi-jurisdictional matters, complex regulatory compliance or high-volume litigation support. Our systems are designed to onboard large-scale projects, handle complex regulatory matters and manage LBAs with speed and precision.

Our experience

“We’ve been advising finance sector clients on motor finance mis-selling since the FCA’s 2019 report, ‘Our work on motor finance – final findings’. Our support has included developing IT tools for complaint handling, crafting responses to claims and DSARs, conducting regulatory audits; liaising with Finance & Leasing Association (FLA) and Financial Ombudsman Service (FOS) in relation to the industry response to the wave and advising clients in relation to possible judicial review of FOS decisions and appeal of Court decisions; and designing and refining client systems and procedures to improve workflows. 

We have advised at board level in respect of the FCA announcement – see FCA PS24/1 and related press releases of January 2024 and we have experience of dealing with omnibus claims, acting for one of 8 finance companies facing a single court action brought by Barings on behalf of 6,000 customers in the Birmingham High Court ("the Angel case").’’

Contact our team today with any questions or to discuss how we can assist you in meeting your regulatory obligations.

Further Reading