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Blue Motor Finance in administration

I had contact from the administrator of Blue Motor finance to say my complaint is logged with them. Although I understand my payout will likely be pennies in the pound.
because I used Zuto as credit broker I understand they hold joint responsibility so took complaint to them and received a flat rejection referring me to the administrator of blue motor finance.

This is what I sent them in response.

Dear Zuto Customer Care Team,

Thank you for your email. I do not accept your position, and I object to Zuto passing this complaint to the lender's administrators as a means to avoid its own regulatory liability.

To be absolutely clear: my complaint is filed directly against Zuto Limited in your independent capacity as my credit broker.

Under FCA CONC 4.5 rules and the Consumer Credit Act, credit brokers hold a distinct and separate fiduciary duty of care to ensure that any commission, remuneration, or Discretionary Commission Arrangement (DCA) is transparently disclosed to the consumer prior to contract execution.

While Blue Motor Finance retains liability as the lender, Zuto holds joint and several liability as the broker that actively arranged the agreement and accepted the undisclosed commission. The administration of the lender does not erase Zuto's independent regulatory failures from 2019.

I require Zuto to formally log and investigate this dispute as a complaint against Zuto Limited. Do not forward or assign my rights away to a third party.

If you refuse to issue a Final Response Letter evaluating Zuto's broker liability within 72 hours, I will escalate this matter directly to the Financial Ombudsman Service (FOS) as a refusal to deal with a valid consumer dispute.

I look forward to your acknowledgment of this specific broker-focused complaint within 72 hours.

Yours sincerely,

I believe I have a good case against Zuto but am I doing the right things?

Comments

  • born_again
    born_again Posts: 24,645 Forumite
    10,000 Posts Sixth Anniversary Name Dropper

    Log a complaint with Zuto over their stance. As FCA registered, there is then the right to go to FOS to rule on their take on their liability.

    Life in the slow lane
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