Motor finance firms are now in a precarious position, their operations challenged and doubts cast on their commitment to fair practices. It also brings a critical oversight to the forefront: despite these firms remaining confident in their practices, many of them lack the evidence needed to mitigate these claims, leaving their fate squarely in the hands of regulatory bodies.
This realisation highlights the indispensable need for robust evidence, not only as a compliance measure but as a necessity in mitigating claims. Without a solid foundation of evidence, firms are left exposed, their operations and reputations potentially at stake. In this article, we examine the FCA’s Motor Finance Review to uncover what firms can learn about protecting against claims through the vital lens of evidence management.
In January 2021, the FCA banned the practice of discretionary commission arrangements (DCAs) in car finance. These are commission models where car brokers or dealers could adjust the interest rates of loans to increase the commission they would receive. This highlights the potential for brokers to unfairly increase how much customers were charged on their car loan, leading to its ban by the FCA.
Since the ban, however, a significant number of customers have complained to car lenders and brokers about how much they were charged before it was in place. In response, many lenders and brokers have rejected these complaints on the belief that they treated customers fairly and within the confines of regulation.
As a result, customers went to The Financial Ombudsman Service and County Courts, where the former ruled in favour of two cases and the latter upheld a number of claims. This has resulted in the FCA launching a review into historical motor finance commission arrangements across several firms.
Regardless of whether motor finance firms have breached regulation or acted compliantly, there’s a clear need for evidence in any customer-facing process. It simply isn’t enough for firms to believe they have treated customers fairly, they need proof of compliant practices from beginning to end of the customer journey. Without evidence management systems in place, it becomes difficult for firms to prove that they did treat customers fairly and consequently, risk payouts as a result.
This situation is not only about addressing immediate complaints but also about preventing long-term damage to the firm's reputation and operations. Firms lacking comprehensive evidence management can face significant long-term repercussions as well as the immediate fallout from customer complaints. These can include financial penalties, increased regulatory scrutiny, and a detrimental impact on customer trust and the broader market perception of their integrity and reliability.
The difference between proof and belief in this context is stark; proof equips firms to defend their practices confidently, while belief leaves them exposed to regulatory and reputational risks. It's a critical distinction that emphasises the role of evidence management in securing a firm's future.
Take customer-centricity seriously: The emphasis on customer-centricity, especially highlighted by Consumer Duty, demands that evidence management processes are designed with the customer's best interest in mind. This means ensuring transparency and fairness in how customer information is collected, stored, and used. Documenting interactions comprehensively, maintaining clear consent records, and ensuring easy access to information for customers are all practices that align with both regulatory mandates and a strategic approach to customer service.
Embrace change as an opportunity: The scrutiny from regulatory bodies is an invitation to review and enhance evidence management systems comprehensively.This is an opportunity to scrutinise and refine how evidence is collected, managed, and utilised across your customer journey. Innovations in technology and processes that improve evidence accuracy, accessibility, and security can significantly boost a firm's compliance and operational efficiency.
Prepare for the future: Preparing for future challenges means creating evidence management systems that are not just compliant today but are designed to adapt to tomorrow's regulatory landscape and market conditions. Implementing scalable and flexible evidence management solutions ensures that firms can quickly adjust to new regulations, customer needs, and business models. Investing in accurate, impartial and secure evidence collection, storage, and analysis tools is essential for building a resilient, future-proof business.
Understanding these foundational principles sets the stage for the crucial next step: identifying precisely what types of evidence are essential for safeguarding against claims and building customer trust. Stay tuned for our next piece, where we'll dive into the specifics of evidence collection, equipping your firm to meet these challenges head-on.
If you don’t want to wait to start uncovering any gaps in your evidence management process, we have created an example of what a best-practice evidence pack looks like. View it here to begin shaping your approach to strategic evidence collection.