#8 Kevin Durkin - FOS Fees, Interventions & Supreme Court
Sentinel Legal28 Feb 2025

#8 Kevin Durkin - FOS Fees, Interventions & Supreme Court

In this episode, we sit down with Kevin Durkin from HD Law to break down the latest in the legal battle Johnson v FirstRand Bank case.

With the Supreme Court hearing just weeks away, we discuss the major legal arguments, the impact of hidden commissions in car finance, and why lenders are pushing back so aggressively.

We also dive into the Financial Ombudsman Service’s new fee structure, the government’s intervention attempts, and what this means for consumer justice.

Could mass redress be delayed until 2027?

Will the Supreme Court decision reshape the industry?

And how are lenders weaponising the complaints system to avoid payouts?

This is the most in depth discussion yet on the future of car finance claims, packed with insights from the biggest legal battle in the industry. If you want to stay ahead of the curve, this is a must-listen.


Timestamps

0:00 – Introduction: The Supreme Court battle and why this case is critical
2:30 – The key difference between Johnson, Hopcraft, and Wrench cases
5:15 – How secret commissions impact car finance claims
10:20 – Why mass redress could be delayed until 2027
15:00 – How the FCA and FOS are making it harder for consumers to claim
20:45 – Breaking down the Supreme Court’s timeline and expected decision date
26:30 – Government intervention: Did they try to protect the banks?
32:10 – How lenders are weaponising the complaints system against consumers
40:00 – What’s really going on with FOS fees?
50:20 – The £38 billion problem: How much are lenders really liable for?
1:00:15 – How banks used multiple commission models to maximise profits
1:10:40 – The role of pre-action disclosure in uncovering hidden commissions
1:20:30 – The Supreme Court hearing process explained
1:30:55 – What happens after the Supreme Court decision?
1:40:00 – Final thoughts and where this case is headed


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