33,000 complaints. One reckless CMC - and a landmark High Court ruling
Can a claims management company (CMC) be sued for swamping a lender with tens of thousands of baseless complaints? The High Court just confirmed it can.
In what could prove to be a game-changing judgment, the High Court of Justice (King’s Bench Division) has refused to strike out Vanquis Bank’s legal action against The Money Solicitor (TMS), a CMC that submitted over 33,000 affordability complaints - many allegedly without merit and with no real checks on their validity.
This isn’t just a procedural decision. It could transform how lenders push back against speculative complaint factories operating under the guise of consumer advocacy.
Vanquis Bank v TMS Legal Ltd [2025] EWHC 1599 (KB)
Handed down on 25 June 2025, the ruling opens the door for lenders to sue CMCs under the tort of causing loss by unlawful means - a legal avenue never previously tested in this context.
The judge, Mr Justice Jay, noted that if the allegations are proven, TMS’s conduct could be described as “egregious” and that the case is serious enough to proceed to trial.
Why this matters:
Lenders now have a legal route to claim damages from CMCs, rather than relying solely on the FOS or regulatory intervention
CMCs may face real financial consequences for meritless, volume-driven complaint activity
The Court has acknowledged that mass complaints, when handled recklessly, can cause real economic harm
Why it’s bigger than just Vanquis
With the increasing volume of motor finance complaints and a surge in activity from SRA-regulated firms and CMCs, this decision could become a watershed moment for the industry.
At Auxillias, our clients are increasingly reporting high volumes of templated DSARs and complaints, many of which appear to lack merit and place unnecessary strain on internal resources, governance processes and complaints functions.
The ruling signals a shift. Where complaint activity is commercially motivated and legally reckless, lenders now have the tools to take proactive legal action - not just defend passively.
Auxillias - your strategic partner in redress and regulatory risk
We’re already working with clients to:
Review CMC behaviour and identify patterns of misconduct
Respond to high-volume complaints with proportionate, compliant strategies
Build escalation frameworks to hold bad actors to account
Deliver integrated legal and remediation programmes that stand up to scrutiny
If your firm is under pressure from speculative complaint volumes or questionable CMC activity, we can help you act - and protect your position.
Let’s talk about how to safeguard your business - and take back control.
