Undisclosed Commission Claims (UDC)

UDC claims are brought against loans or credit agreements that contain unfair terms or legal defects, providing borrowers with a route to challenge them and potentially obtain financial redress. These claims typically arise from issues such as poor documentation, hidden or unfair terms or misconduct by the lender. Where successful, they may release a borrower from repayment obligations or award them compensation.

Following the Court of Appeal decisions in Wood and Pengelly, the courts have the power to set aside or unwind a financial agreement if it can be shown that the borrower suffered disadvantage due to an unfair relationship or a breach of fiduciary duty.

In such circumstances, the borrower must be restored to the financial position they would have been in had the secured loan never been taken.

This includes repayment of interest and reimbursement of any undisclosed broker fees or charges.

supporting a claim

To support an undisclosed commission claim, the borrower must be able to show that a broker received payment from the lender without the borrower’s knowledge. Evidence to substantiate this might include:

Admission

A clear admission by the broker or lender.

Confirmation

Written confirmation from the lender.

Record

A record of commission payments made.

Agreements

Correspondence or agreements, such as emails, that reference the commission.

Expert reporting software

At Reclaim My Money, we use bespoke expert reporting software to carefully assess the strength and value of each claim. The system analyses the loan or credit agreement against key legal and regulatory requirements, highlighting errors, unfair terms or instances of lender misconduct. By combining automated checks with expert review, the software produces a clear report that quantifies potential redress, giving clients an accurate picture of the compensation or relief they may be entitled to.

FAQs–UDC

Frequently Asked Questions

| What types of financial agreements are affected?

| How do I know if I’ve paid an undisclosed commission?

| How long do I have to bring a claim?

| Does it matter if I’ve already repaid the loan or mortgage?

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