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BMW nearly triples provision to £612m ahead of Upper Tribunal hearing

BMW has increased its provision for UK motor finance claims from approximately £206 million to £611.6 million, signalling a substantial reassessment of its expected exposure under the Financial Conduct Authority’s consumer redress scheme.

In accounting terms, a provision records management’s best estimate of a probable and measurable obligation. BMW’s revised figure therefore offers an important indication of how a major captive lender currently values the financial consequences of historic motor finance commission arrangements. The final cost will crystallise through the FCA scheme, individual assessments, and related litigation.

The additional provisioning affected BMW Financial Services (GB) Limited’s performance.

The company reported a pre-tax loss of £139.3 million for 2025, following a £39.1 million profit in 2024. It also recognised a separate £25.5 million provision for agreements extending beyond the scheme’s defined scope, reflecting continuing exposure through consumer complaints and civil claims.

The redress scheme

Under sections 404 and 404A of the Financial Services and Markets Act 2000, the FCA created two related compensation schemes. One covers agreements entered into between 6 April 2007 and 31 March 2014, while the other applies from 1 April 2014 to 1 November 2024.

The rules require firms to assess agreements involving inadequately disclosed discretionary commission arrangements, high commissions, or contractual ties between lenders and credit brokers. The methodology incorporates presumptions concerning unfairness, causation, and consumer loss, followed by standardised approaches to calculating redress.

Around 12.1 million contracts could qualify for review. The FCA expects lenders to pay approximately £7.5 billion in compensation and £1.6 billion in administration costs, with an average payment of about £829 per eligible agreement. Individual awards will depend on the commission structure, borrowing charges, and remedy applied.

Why lenders are challenging the scheme

Crédit Agricole Auto Finance, Mercedes-Benz Financial Services, and Volkswagen Financial Services have asked the Upper Tribunal to review the FCA’s rules.

They raise three main concerns. First, they question whether the FCA can include agreements made before it took over consumer credit regulation in April 2014.

Second, they argue that the scheme assumes too quickly that poor disclosure made an agreement unfair and caused the customer financial loss.

Third, they say the standard compensation formula may produce payments that differ from the loss suffered in each individual case. Mercedes-Benz has also highlighted finance deals that included discounted interest rates or contributions towards a customer’s deposit.

Consumer Voice has brought a separate challenge from the customer’s perspective. The group argues that the scheme could produce payments that are too low, particularly in cases involving large commissions.

What happens next?

Parts of the scheme are currently paused while the Upper Tribunal considers the challenges. The hearing is expected to take place either from 14 to 18 December 2026 or from 16 to 26 February 2027. A decision should follow in the subsequent months.

An outcome in the FCA’s favour could allow compensation payments to begin during 2027. Changes ordered by the Tribunal could lead to a revised scheme and new estimates from lenders.

BMW’s £611.6 million provision shows that major finance providers are already preparing for substantial costs. The Tribunal’s decision will help determine how much they eventually pay and when affected motorists receive compensation.

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