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Motor Trade Legal News

Discretionary Commission claims

No doubt you will see a lot of these coming through following Martin Lewis's comments in the media.

We would suggest the way to deal with the SAR is to simply refer it to your risk and compliance team/DPO and for them to process it in the usual way. You can find guidance as to how to respond to the SAR under our Advice Notes and Guidance section on our website.

As this does not actually appear to be a SAR against you directly ( but rather the lender) you can seek clarification of this from the customer as well as obtaining their ID ( copy driving licence etc) before you action the SAR.

 It also seems this is a request for information /potential complaint which is truly intended for the lender. It seems to us that some customers are confused and have sent their requests directly to the dealer. We would therefore suggest that you advise the customer that their complaint regarding discretionary commission seems to be directed to the lender and they should therefore contact them. You would need to include the complaint address for the customer’s finance company. You may want to liaise with the finance company involved as well to see how they are tackling such requests.

For further information and guidance please see the Legal Articles Section