
The Upper Tribunal has ordered a partial suspension of the redress scheme, meaning lenders will not have to calculate or pay compensation until the legal process is fully concluded. Hearings are currently scheduled for December 2026 or February 2027.
If you are one of the estimated 12 million motorists who were looking forward to a payout this year, this article explains the reasons behind the suspension, how it affects your claim, and the practical steps you can take next.
Why has compensation been suspended?
The suspension is the latest development in the ongoing saga surrounding discretionary commission arrangements (DCAs). Between April 2007 and January 2021, many lenders allowed car dealers to artificially inflate interest rates on customer loans in exchange for higher commission payouts. The FCA banned this practice and subsequently launched a compensation framework to address the issue. While discretionary commission arrangements were officially banned in January 2021, it is worth noting that the scheme will also assess complaints for eligible car finance agreements taken out up to November 2024. However, the FCA's plans have faced intense opposition from both sides of the debate, and there were warnings that the scheme could be paused when three major lenders launched legal action against the regulator over its proposed £9.1 billion mass redress scheme.
Volkswagen Financial Services, Mercedes-Benz Financial Services, and Crédit Agricole Auto Finance have all challenged the redress scheme, arguing the regulator's rules are unlawful. At the same time, consumer advocacy group Consumer Voice has launched its own legal action, claiming the FCA's compensation formula is too lenient on banks and leaves drivers out of pocket. Because of these appeals, the Upper Tribunal has agreed to pause the key elements of the scheme until a final legal ruling is made.
What is paused and what is proceeding?
To provide clarity during the ongoing legal appeals, the Financial Conduct Authority (FCA) and the challenging parties have agreed to a partial suspension of the redress scheme. This is designed to prevent firms from carrying out work that may need to be repeated if the legal challenges succeed, while keeping the broader framework moving forward.
Below, we explain exactly what is currently on hold and what must continue.
What is paused
- Calculating compensation - Lenders do not need to calculate the specific amount of redress individual customers might be owed.
- Paying compensation - No compensation payouts will be made while the Upper Tribunal process is ongoing.
- Sending compensation offers - Firms are no longer required to send communications advising customers of any compensation they are due under the scheme's original timetable.
What is proceeding
- Submitting complaints - Consumers can and should continue to submit complaints directly to their lenders to ensure their claim is officially logged.
- Scheme preparation - Lenders must continue preparing for the scheme, so they are ready to act quickly if the courts uphold it. This includes identifying relevant complaints, locating historical agreements, and gathering commission data.
- Rejecting ineligible claims - Firms must still assess complaints and tell customers if they are not owed compensation under the scheme's parameters. They must notify ineligible customers by 18th November 2026 (for agreements started on or after 1st April 2014) or 18th January 2027 (for agreements started before April 2014).
- Customer communication - The three lenders challenging the scheme are expected to contact their complainants individually to explain that they have launched a legal challenge and detail the resulting delays to the scheme.
- FCA supervision - The regulator will continue to closely monitor firms to ensure they have the right financial resources in place to ultimately deliver the compensation scheme if it goes ahead.
How the delay impacts your payout
The most immediate impact of the suspension is that nobody will receive compensation this year. Lenders are no longer required to calculate how much you are owed or issue any payments while the tribunal considers the appeals.
Here is a summary of how the delay could impact you:
- If the scheme is upheld - If the tribunal rules in favour of the FCA and the decision is not appealed further, compensation payments would be expected to begin in 2027.
- If the scheme is overturned - If the courts decide the scheme needs to be revised or scrapped, the FCA has warned that payouts could be delayed until 2028 or beyond. In a worst-case scenario, the regulator might abandon the mass redress scheme altogether and require consumers to pursue individual complaints.
- What lenders must still do - While lenders do not have to pay out right now, they must continue preparing for the scheme. Crucially, they are still required to investigate claims and inform customers if they are not eligible for compensation, though they have been given an extra seven-week grace period to do so.
Next steps for affected consumers
Despite the legal uncertainty, the guidance for consumers remains largely unchanged. If you believe you were overcharged on a car finance agreement, you can still take action to protect your rights.
- Complain directly to your lender - If you have not done so already, submitting a complaint ensures your details are officially logged. This is important because financial firms can delete customer records after six years.
- Avoid claims management companies - Complaining to your lender is completely free. Using a third-party claims management company means you will have to give up a significant percentage of any compensation you eventually receive.
- Wait for your lender to contact you - If you have already submitted a complaint and received an acknowledgement, you do not need to do anything else for now. The FCA expects lenders involved in the legal challenge to contact their customers to explain the delays.
For more information, you can keep an eye on official updates directly from the FCA, or wait for your lender to confirm the status of your claim.
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