Black Horse Finance, asking for further information?

I've currently got two complaints in with Black Horse Finance, both of which they've confirmed had discretionary commission agreements. They asked for further information about the sale, which I provided (basically on both sales no information was provided on interest rates etc at the time, and was likely buried in the fine print). I've had nothing further from them since, and this was provided about a month ago. 

Are Black Horse just burying their heads and waiting for the FCA decision, or has anyone had a successful response from them?

Comments

  • Nasqueron
    Nasqueron Posts: 10,525 Forumite
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    edited 30 July 2024 at 10:52AM
    I've currently got two complaints in with Black Horse Finance, both of which they've confirmed had discretionary commission agreements. They asked for further information about the sale, which I provided (basically on both sales no information was provided on interest rates etc at the time, and was likely buried in the fine print). I've had nothing further from them since, and this was provided about a month ago. 

    Are Black Horse just burying their heads and waiting for the FCA decision, or has anyone had a successful response from them?
    Firstly, the interest rate was provided, it's a requirement of the lending process. They cannot hide the rate in the small print, it's on the finance documents you sign.

    Secondly, they are not burying their heads, they are waiting for the FCA review yes, the FCA may say there was no mis-selling (as DCA was not banned at the time) and then lenders pay nothing, so there is no reason for them to do anything else.

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • Hoenir
    Hoenir Posts: 6,796 Forumite
    1,000 Posts First Anniversary Name Dropper
    You are not going to hear anything definitive ahead of anybody else. 
  • dunstonh
    dunstonh Posts: 119,318 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I've currently got two complaints in with Black Horse Finance, both of which they've confirmed had discretionary commission agreements. They asked for further information about the sale, which I provided (basically on both sales no information was provided on interest rates etc at the time, and was likely buried in the fine print).
    You appear to be confused.     The interest rates would not be buried in the fine print.  Black Horse agreements clearly showed the interest rates on the agreement in compliance with the consumer credit act.

    Are Black Horse just burying their heads and waiting for the FCA decision, or has anyone had a successful response from them?
    They don't need to bury their heads.  They have done what is required of them.  Now they wait until September 2025 to read the report and respond some time after December 2025 when the FCA reopens the complaints process for DCA.

    DCA can exist positively, neutral or negatively.     Positive is where the interest rate is lowered to aid affordability or where a promotion was on (such as a new car launch or where they had an event to shift cars).   Neutral is where it exists to be used but wasn't actually used.    Negative is where the interest rate was increased resulting in higher commission.

    It is unlikely the FCA will penalise positive DCA and neutral DCA and its unknown what the FCA stance on negative DCA is for the period it was not banned.    The FCA appears to be taking more interest in its use with used vehicles rather than new vehicles.  Dealers have been making the point that the interest rate was part of the overall cost of the package and that often they would shift profit from car to finance or vice versa.     It is not known whether the FCA accept that yet or not.

    So, until the FCA rule on it, the lenders are going to wait to be given instruction from the FCA.


    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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