Whilst we await the final rules on the FCA’s motor finance compensation scheme, expected later this quarter, it is pleasing to note that the regulators are, albeit belatedly, taking action against some claims management companies (CMC) and law firms acting in this space.
The FCA has publicly announced that it has opened an Enforcement investigation into the CMC, The Claims Protection Agency (“TCPA”) which used the boxer Tyson Fury in its advertising.
Although the FCA has said, “We should make clear that in respect of the investigation, we have not reached any conclusions on whether the firm breached any regulatory requirements,” the FCA’s publicity policy means that it will only publicise firms under investigation if the “exceptional circumstances” test is met. Therefore, we can presume that this is very serious.
In July and August 2025, the FCA raised concerns about some of TCPA’s financial promotions over motor finance compensation. The firm subsequently applied for, and the FCA accepted, a “voluntary” requirement requiring it to stop onboarding new customers and to withdraw existing promotions.
In light of these concerns, the FCA appointed a team of investigators to determine whether TCPA may have breached the FCA’s rules with its advertising and sales tactics.
The investigation is looking at:
What customers were told about the amount of redress they might get.
Whether customers were told they could make a claim for free.
Whether customers were pressurised to sign up.
To try and avoid the bad publicity, TCPA filed a judicial review application challenging the FCA’s decision to announce the Enforcement investigation, which was ultimately dismissed and the FCA announced the Enforcement investigation in January 2026.
Meanwhile, the Solicitors Regulation Authority (“SRA”) has cranked up the pressure on high-volume claims firms (which includes those dealing with motor finance commission claims) amid continued concerns that clients are being treated unfairly. The regulator issued a formal warning on so-called no win, no fee agreements after inspections of firms revealed worrying signs of poor behaviour.
As of the end of December 2025, the SRA had 83 open investigations relating to 72 firms working in the claims market. Six more have been shut down in the past two years.
Chief Executive Sarah Rapson said: “This is a priority area for the SRA and a topic stakeholders consistently raise with us. The expectations set out in this warning notice should therefore not be a surprise. Some firms are not fulfilling their obligations to always act in their clients’ best interests and follow our rules and standards. We are using all the tools at our disposal to take action against these, highlighting known issues and promoting compliance in order to protect the public and help the sector to comply with the rules.”
There is concern about a lack of transparency about the fees clients will pay if their claim succeeds. Just 12 out of 25 firms visited by the SRA in its review of the sector had records showing they had given all the required costs information to clients. In some cases, firms failed to provide any information on fees.
Some firms were also found to be structuring no win, no fee agreements to serve their own rather than the client’s best interests. There was also no thorough due diligence and validation to ensure that claims management companies and lead generators are complying with their regulatory obligations.
The SRA warns firms about creating unrealistic expectations about clients’ chances of success, the speed and simplicity of the process or the financial risks involved.
For some years now, ITC has been highlighting to both the FCA and SRA dubious practices by firms in this space, and so it is gratifying that it appears that they are finally taking some action, and we will hopefully see some positive outcomes. If you continue to see poor behaviour by CMCs and law firms and don’t want to report it to the regulators yourselves, then please forward details to us and we will consider doing so.