Undisclosed Secret Commissions
Following more than 100 years of legal wrangles and speculative discussion the Supreme Court has announced that undisclosed extra incentives or secret commissions are held on trust by an agent for their principal:
A very large door to past misdemeanours has just been opened and left open going back many years.
What is secret commission?
A Secret Commission is something which has been paid by a business to a broker, agent, or promoter for placing your business with them. Such payments exist on a huge range of products and services including all types of Insurance, Mortgages, Investments, Property deals and much more.
What does this mean for me?
The repercussions are substantial. Most significantly, the principal (you) can claim damages against the secret commission itself, plus interest… PLUS in some case much, much more. This is money that you may not know you had paid and you are entitled to reclaim.
Frequently asked questions
Who is classed as an agent?
Essentially any business through which you have entered into a financial transaction with another party. For example an Insurance Broker, Accountant, Lawyer, Insolvency Practitioner, Financial Advisor, Estate Agent, Retailer etc.
Who would be the rightful owner of a secret commission received by an agent “held on trust” for his principal?
It could be yours according to the Supreme Court Ruling.
What if I knew the broker or agent was being paid a commission?
If you knew the broker or agent was being paid commission but you didn’t know the amount the law is very clear that you may still be entitled to the return of the commission plus interest.
How much will it cost to claim back the wrongly paid commission?
All our claims are run on a NO WIN NO FEE* basis. *your lender may charge a £10 fee foe a SAR (Subject Access Request) to gain information you do not have. A fee may also be applicable for claims which are started.
You will be charged 35% plus VAT of any compensation recovered for you.
What if the broker or agent is no longer in business?
The receipt of a secret commission by a broker is a special species of fraud. It is actionable both against the broker or introducer as well as the lender who paid the secret commission – even if the broker is no longer trading.
The process explained
Ordinarily, the introducer or broker will be treated as an agent of the borrower. As such they owe a fiduciary duty to their client including the duty not to make a secret undisclosed profit. Provided that it this extra payment is fully disclosed to the client, then there cannot be an issue with the arrangements in principle.
However; The commission must be disclosed and a general statement that “a commission may be paid in certain circumstances” is not adequate and we may still be able to run a successful claim. Where the commission wasn’t disclosed at all and the client did not know of the presence of the broker – this is very different and potentially much more damaging to the broker and your refund is likely to be far higher.
How we can help you
The expert team at Maple Leaf Financial are dedicated to developing vigorous legal arguments and remedies for our own unique and innovative claims including those related to secret commission
All our claims are run on a NO WIN NO FEE* basis.
We provide you with a connection to a range of new and well thought robust legal arguments from leading lawyers in their field that do not come with the upfront outlay of a traditional law firm. Your lender may charge a £10 fee foe a SAR (Subject Access Request) to gain information you do not have. A fee may also be applicable for claims which are started.
*Fees are applicable on claims won. A fee may be payable if a claim has commenced and is then not pursued at client’s request
Do you want to find out if your agent was paid a secret commission?
We are currently running claims against insurance brokers, accountants, financial advisors and retailers including car dealerships and finance houses.
Address: 4 Saddlers Court
Oakham, Rutland LE15 7GH
Telephone: 01572 498 601
Company Reg. Nr: 06758995
CRM number: 18097