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Industry News & Information

Barclays FOS Appeal Granted Permission to Appeal High Court Decision: What This Means for Car Finance Claims.

In a significant legal update, Clydesdale Financial Services Limited (Barclays Partner Finance) has been granted permission to appeal a High Court judgment following its judicial review challenge against the Financial Ombudsman Service (FOS).


This case shines a spotlight on the handling of car finance complaints and raises critical questions about transparency and fairness in the industry.


Clydesdale bank
Clydesdale bank

Key Details of the Judgment


Judicial Review Dismissed

The Honourable Mr Justice Kerr dismissed Barclays’ three grounds of challenge, supporting the FOS's handling of car finance complaints.


Barclays FOS appeal Permission Granted

While Mr Justice Kerr found the proposed appeal's merits weak, permission was granted due to the potential implications for similar cases. The Court of Appeal will hear the case, likely shaping the future of car finance litigation.


Costs Orders

Barclays and Arnold Clark Automobiles were ordered to pay a combined £196,251.20 to cover the FOS’s costs, reinforcing the scale of the financial stakes in these disputes.


Barclays FOS Case FAQ - Frequently Asked Questions.


1. What is the Barclays FOS case about?

The case revolves around Barclays' challenge to the FOS’s handling of complaints concerning undisclosed commissions in car finance agreements. Barclays argued procedural unfairness and sought to overturn FOS decisions.


2. Why did the court dismiss Barclays' grounds for judicial review?

The court found no substantive procedural unfairness in the FOS’s actions, stating that the FOS followed a reasonable and lawful process in handling consumer complaints.


3. Why was Barclays granted permission to appeal?

Despite the weak merits of the appeal, permission was granted due to the potential for broader implications. The Court of Appeal’s decision could influence how future car finance claims are handled.


4. What does this mean for car finance claims?

The appeal could impact ongoing and future claims, especially those involving procedural disputes and lender obligations to disclose commissions.


5. How does this affect me if I’ve had car finance?

If you believe your agreement involved undisclosed commissions or unfair practices, it’s critical to act now. Regardless of the appeal outcome, Sentinel Legal can help you build a strong case.


Make a Claim Today

Live in the U.K. and have had a car on finance? 

✅You could be entitled to compensation for mis-sold car finance agreements.


The High Court in London
The High Court London

What’s Next?


The Court of Appeal Hearing

Scheduled for 2025, this appeal could establish a precedent for how car finance claims are resolved.


The outcome may clarify:

  • Lenders’ disclosure obligations

  • The FOS’s approach to procedural fairness


For now, the High Court’s decision reinforces consumer rights in car finance disputes.


Expected Timelines for the Appeal

The appeal is expected to be heard in 2025, with preliminary steps, including case preparations and scheduling, taking place in the coming months. Barclays is likely to push for expedition given the potential industry-wide impact of the judgment.


Potential Impact on Future Cases

If the Court of Appeal upholds the High Court’s ruling, it could solidify the FOS’s approach to car finance complaints, encouraging faster resolutions for consumers. Conversely, if Barclays succeeds, it may create new hurdles for mis-selling claims.


Implications for Consumers

This case serves as a reminder that lenders must be held accountable. If you suspect your car finance agreement involved hidden commissions or unfair terms, contact Sentinel Legal to explore your options.


Steps to Take if You Suspect Car Finance Mis-Selling

If you believe your car finance agreement included undisclosed commissions or unfair terms:

  1. Have your Full name, Address and Date of birth to hand.

  2. Submit a claim through Sentinel Legals Car Finance Claim portal Click Here

  3. Sentinel Legal will contact you with your claim information


How Sentinel Legal Can Help

With over 1,500 car finance claims litigated, Sentinel Legal has the expertise to navigate the complexities of car finance mis-selling cases. Our team works tirelessly to ensure you receive the compensation you deserve, even in the face of industry pushback.


Make a Claim Today

Live in the U.K. and have had a car on finance? 

✅You could be entitled to compensation for mis-sold car finance agreements.


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