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CONRED 6 Annex 1 Relevant records and information

31/03/2026G

In gathering the information to determine whether a particular motor finance agreement is a scheme case, whether one or more relevant arrangements are present, whether there has been adequate disclosure of the relevant arrangements and whether redress is payable and the amount, the lender may consider the following sources of information:

  1. (1) records which detail the arrangements between the lender and the credit broker, such as (but not limited to) the rates and terms and terms of business, and which set out:   
    1. (a) the commission arrangements agreed between the parties and the minimum and maximum interest rates applicable;
    2. (b) the terms of engagement or business between the lender and the credit broker, including (among other things) any ties or oversight arrangements by the lender with respect to the activities of the credit broker; or
    3. (c) any financial records of the lender or the credit broker which show the amount of commission paid in respect of the motor finance agreement;
  2. (2) records which detail arrangements between:
    1. (a) the lender and the manufacturer of the motor vehicle in the scheme case, such as (but not limited to) any terms of engagement or business between the lender and the manufacturer, and any oversight arrangements applying to the activities of the lender when using a trading name or branding commonly associated with motor vehicles manufactured by the manufacturer;
    2. (b) the manufacturer of the motor vehicle and the credit broker in the scheme case, such as (but not limited to) any terms of engagement or business between the manufacturer and the credit broker, and any oversight arrangements applying to the activities of the credit broker when using a trading name or branding commonly associated with motor vehicles manufactured by the manufacturer;
  3. (3) personalised records with respect to the consumer, detailing the relationship between the consumer and either the lender or the credit broker, such as, but not limited to:
    1. (a) an initial disclosure document;
    2. (b) any motor finance agreement;
    3. (c) any agreement detailing the credit arrangements between the consumer and the lender (if different from (b));
    4. (d) any pre-contractual documents or explanations provided to the consumer by either the lender or the credit broker, such as, but not limited to, any credit broking information notice provided in accordance with CONC 4.4.3R;
    5. (e) any records or documents created by the lender or the credit broker contemporaneously with the provision of information to the consumer, confirming that such information was provided (for example, a digital record generated by a data management system);
    6. (f) any contemporaneous screenshots of data, extracted directly from the lender’s or the credit broker’s data management system, recording information directly referable to a motor finance agreement with a consumer;
    7. (g) any personalised correspondence, file notes or other records recording communications between a consumer and either a lender or the credit broker with respect to a motor finance agreement with that consumer; and
    8. (h) any creditworthiness assessment undertaken by either the lender or the credit broker with respect to a consumer (such as, but not limited to, any assessment undertaken under CONC 5.2A); and
  4. (4) any other evidence which either supplements the evidence in (1) to (3) or, in the absence of that evidence, provides a basis upon which to make reasonable assumptions in accordance with these rules, such as (but not limited to):   
    1. (a) transactional data which indicates at least some degree of detail about the relevant arrangements with respect to a consumer, including (but not limited to):
      1. (i) the start date or execution date of a motor finance agreement;
      2. (ii) the term of the loan or repayment;
      3. (iii) the amount of credit provided;
      4. (iv) the consumer’s postcode (or portions of it);
      5. (v) the total charge for credit;
      6. (vi) the total realised cost of credit;
      7. (vii) the annual percentage rate of charge;
      8. (viii) the date the first regular payment or charge was due or made under the agreement;
      9. (ix) the date the last regular payment was due or made under the agreement;
      10. (x) the date by which any fee associated with taking ownership of the vehicle was due or made under the agreement; and
      11. (xi) the date of any early settlement payment under the motor finance agreement;
    2. (b) any structured data (for example, set out in spreadsheets) created by the lender or the credit broker from data held on its data management systems relating to its general approach with respect to motor finance agreements at a particular point in time;
    3. (c) general corporate records setting out the lender’s or the credit broker’s approach with respect to motor finance agreements at a particular point in time, such as (but not limited to) board or committee papers or minutes and general policies and procedures;
    4. (d) general corporate records setting out the nature of any arrangements the lender may have had with the motor vehicle manufacturer at a particular point in time;
    5. (e) general corporate records setting out the nature of any arrangements the credit broker may have had with the motor vehicle manufacturer at a particular point in time;
    6. (f) general corporate records setting out the lender’s or the credit broker’s approach with respect to due diligence, regulatory developments and regulatory compliance;
    7. (g) records of ‘welcome packs’ (if any) provided by the lender or the credit broker to the consumer;
    8. (h) standardised or template marketing, disclosure or communications materials;
    9. (i) policies or other corporate records setting out standards or requirements relating to:
      1. (i) the presentation of the credit broker’s premises to consumers (such as site design and layout standards);
      2. (ii) communication, disclosure or marketing materials (including the use of names or branding commonly associated with motor vehicles commonly associated with a manufacturer);
    10. (j) records relating to the monitoring of, or compliance with, the standards or requirements mentioned in (i);
    11. (k) any other records not otherwise covered above which may be relevant to the lender’s assessment of scheme cases in accordance with CONRED 6.3 and redress calculations in accordance with CONRED 6.4 such as, but not limited to, vehicle sales invoices, profit sheets, credit checks and part-exchange documentation.