Challenge Response on Discretionary Commission

DaisyNo

My husband and I each bought a car at the same time through PCP finance with the same company (Mercedes).  My husband has had a response to confirm discretionary commission was applied.  My response says discretionary commission was not applied.
How can the same dealer at the same time with the same finance company have commission on one deal but not the other - the loans were in separate names?
Does anyone have advice on how we can double check/challenge this response 

born_again

Is there any point given FCA will not be making a judgement till Sept on if there are any claims or not.

 The FCA has committed to provide further information about next steps by 24 September 2024. 

https://www.financial-ombudsman.org.uk/news/update-car-finance-commission-complaints

dunstonh

 My husband has had a response to confirm discretionary commission was applied.  My response says discretionary commission was not applied.

Has it said whether it was positively applied or negatively applied?   Also, it may have been available but not necessarily used.    So, the wording used by the lender is important as some people read more into the response than the lender is actually saying.   

How can the same dealer at the same time with the same finance company have commission on one deal but not the other - the loans were in separate names?

Very easily. Indeed, it is the norm when it is available.    For example, if one of you bought a vehicle in a promotion period with cheaper finance and the other vehicle wasn't in a promotion period and got standard rate.    Or if the borrowing was on different dates and DCA wasn't available any more on the second one.   

Also, as mentioned, it may have been available to use higher up, but that doesn't mean it was used.  

Does anyone have advice on how we can double check/challenge this response 

What evidence do you have to challenge it?
Was the interest rate the same on both finance agreements?   
Were these done at the same time?

It doesn't really matter until the FCA publishes its report, as the whole complaints process on DCA is suspended.   So, wait and see what the FCA say they are not happy.       The FCA will also be giving instructions to lenders on what they will need to do.  

FormerMotorFinanceWorker

It may be that you were charged the lowest available rate for that product at that time, but the dealer tried at a higher rate when your husband bought his. Just because a DCA was available at the time, it doesnt mean the dealer used it for everyone, for instance if you said your budget was £400 a month and his first calculation came in at £375, he might go in at a higher rate to max your budget and to get more commission for his/her self.

I've seen it in use at the same finance company - some dealers used it others had a flat rate of commission