Have you ever used a broker or an agent to buy insurance or energy? If you have, you might assume that these professionals are working solely in your best interests. However, the truth is that many agents and brokers receive commissions for recommending specific insurance companies or energy providers. 

The question is, were you made fully aware of how much commission they were earning from your business? If not, you might have been unknowingly paying for more than just your insurance premium or energy costs. This practice, known as collecting a “secret commission,” is not only unethical but also unlawful. It can be difficult to detect a secret commission payment or to prove that you were not made aware of it in advance, which allows this practice to flourish. Here’s what you need to know about secret commissions and how you might be entitled to reclaim them.

What are secret commission claims?

A secret commission arises when a broker or agent fails to disclose to you, the customer, the commission they receive from a third party - such as an insurance company or energy provider - for recommending their services. This commission is typically embedded within the cost you pay, whether it’s your insurance premium or your energy bill.

In essence, while you believe you’re paying for a service or product, a portion of your payment is actually being used to compensate the broker or agent. If you were unaware of this arrangement when you made the payments, or if the broker or agent did not explicitly disclose the commission amount and its calculation, you may have been subjected to a secret commission.

The law is clear: brokers and agents have a duty to act transparently and in your best interests. They must disclose any commissions they receive and ensure that their interests do not conflict with yours. If they fail to do so, you may have grounds to claim back the amount of the commission. This is not merely a technicality; it’s about ensuring fairness and trust in transactions where your financial interests are at stake.

How can secret commissions affect me?

When a broker or agent receives an undisclosed commission, the cost of that commission is typically passed on to you, the customer. This means that the insurance premiums or energy costs you’re paying could be inflated to cover the broker’s fee, without you ever knowing. Over time, these hidden costs can add up, leading to higher overall expenses and reducing the value you receive from the service or product. In this way, secret commissions can have a significant impact on your finances. 

Moreover, secret commissions can compromise the quality of the advice or recommendations you receive. If a broker or agent is motivated by the commission they stand to earn, they may steer you towards products or services that benefit them financially, rather than those that are genuinely in your best interests. This conflict of interest can leave you with suboptimal products that could cost you more in the long run, both in terms of money and peace of mind. Either way, it is hard to trust a broker who engages in these practices. Further, by unknowingly paying for someone else’s profit, you could find yourself facing unnecessary financial strain or inadequate protection when you need it most.

How much could I claim?

The amount you could claim depends on the size of the commission that was undisclosed. In some cases, this could be a significant sum, particularly if the commission was a large percentage of the overall cost you paid. For example, if you purchased an insurance policy with a premium of £1,000 and the broker received a 20% commission that was not disclosed, you might be entitled to reclaim £200.

However, the potential claim isn’t just limited to the commission itself. In certain circumstances, you could also claim for financial losses or additional costs you incurred because the broker or agent failed to act in your best interests. Each case is unique, and the exact amount you could claim will depend on the specifics of your situation, including the size of the commission and the impact it had on your decision-making process. This could account for the difference between the product you were sold and a more suitable product that might have been available had the broker or agent not been incentivised by the commission.

How can I make a secret commission claim?

If you suspect that you’ve been subjected to a secret commission, the first step is to gather all the relevant documentation. This includes contracts, correspondence, invoices, and any other paperwork related to the transaction. These documents will help to establish whether a commission was paid, whether it was disclosed to you and how it was calculated.

Next, you should seek legal advice from a solicitor who specialises in this area of law. At Walker Foster, we have a team of experienced solicitors who can review your case and advise you on the best course of action. If we determine that you have grounds for a claim, we will guide you through the process of reclaiming the commission. This might involve negotiating with the broker or agent or, if necessary, taking legal action to recover the funds.

It’s worth noting that there are time limits for making a claim, so it’s important to act promptly. Typically, you have six years from the date of the transaction to make a claim, but this can vary depending on the specifics of your case.

Find out more

Navigating the complexities of secret commissions can be daunting, but you don’t have to do it alone. At Walker Foster, we are here to help you understand your rights and to take action if you’ve been treated unfairly. Nick Dent, a key member of our Litigation department with extensive experience in the energy sector and dealing with commission payments, is ready to assist you.

If you’ve ever used a broker or agent to buy insurance or energy, and you’re unsure about the commission they received, now is the time to take action. You might be entitled to reclaim a substantial amount of money. Contact Nick Dent today by calling 01609 716881 or emailing nd@walkerfoster.com to discuss your case and find out how we can help you.