FCA update: 14 million UK car finance agreements eligible for compensation, average payout estimated at £700.
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In short, Personal Contract Purchase (PCP) is effectively a personal loan. It lets drivers spread vehicle payments over time. For example, you can pay over two or three years instead of paying the full amount upfront. However, unlike a typical loan, you won’t pay off the full car value or automatically own it at the end. Ownership only transfers if you choose to make the final lump-sum balloon payment after the agreement ends.
PCP is a complex financial product made up of a deposit, borrowed amount, and a final balloon payment. Because of this complexity, many drivers may have grounds for a car finance claim if key details weren’t clearly explained.
Hire Purchase (HP) is a type of car finance that covers the costs of used or new vehicles. If you find yourself unable to afford a new car upfront, this option enables you to drive away with your desired vehicle without the need to pay a substantial lump sum.
HP allows you to pay for a car in instalments over a set period of time. You’ll typically pay a deposit to release the funds for leasing the car over the agreed term, then pay the lender back over time. At completion, a final one off payment is due. Meaning, you will then own the car outright.
The Financial Conduct Authority (FCA) defines a discretionary commission arrangement (DCA) as an agreement between lenders and brokers that allowed brokers to adjust the interest rates offered to customers, often resulting in higher commissions for brokers when interest rates increased. While the FCA banned this practice in 2021, they are now conducting an industry-wide review to determine whether there has been widespread non-compliance with the relevant regulations, potentially leading to financial loss or harm to consumers. Read more about DCA here.
PCP is the most prevalent financial product in the market. Dealers use PCP finance to draw in people who want to change their car every few years.
On the other hand, HP finance is an agreement that gives you the option to own the car at the end of the agreement. This is a fixed cost throughout the term with the Annual Percentage Rate (APR) set before the contract begins.
A recent Financial Conduct Authority (FCA) investigation discovered widespread evidence of mis-selling on all types of vehicle financing options.
The FCA discovered that brokers had discretion to adjust interest rates in the car loan scandal. As a result, charging higher interest rates to consumers led to larger commission payments to dealerships from finance providers. It concluded that this scandal might have cost UK consumers an estimated £300,000,000 per year between 2007 and 2020.
Mis-selling was found across all vehicle types involved in the car loan scandal. For instance, this includes new and used cars, vans, motorcycles, motor homes, and caravans. Additionally, this issue affected all vehicle financing options, such as personal contract hire (PCP), hire purchase (HP), contract hire, and car loans. Among these options, PCP agreements were the most popular, characterized by lower monthly payments followed by a final lump sum or ‘balloon’ payment. Therefore, as PCPs are essentially interest-only loans, interest charges were often higher than anticipated in the car loan scandal – another common trigger for a car finance claim.
In 2021, the FCA banned discretionary commission arrangements (DCAs).
If you have acquired a vehicle through PCP or HP financing between 2007-2020 and the financing arrangement was improperly sold to you, you might have grounds to pursue compensation for mis sold car finance.
In short, eligibility for mis-sold HP or PCP finance claims qualify for a number of reasons. They apply to individuals who have encountered situations where the salesperson failed to provide a comprehensive overview of available financing options, inadequately explained the contract’s intricacies, such as interest rates. Additionally, they omitted conducting affordability assessments or neglected to disclose information about their own commission earnings.
Furthermore, mis-sold car finance claims can be initiated under the following circumstances:
The timeline for resolving your claim can differ depending on the circumstances. For instance, if the car dealership or finance broker acknowledges their role in the mis-selling, you may expect to receive compensation within a few months. However, if there is a dispute regarding liability, the process might extend to a range of 12 to 18 months. Therefore, engaging an experienced member of our panel to handle your case can expedite the claims process.
The precise compensation amount for a car finance payout will fluctuate and numerous factors must be considered, for example:
Initiating a mis-sold car finance claim won’t entail any upfront costs. Additionally, enquiring with our expert panel comes at no charge. If they beleive their is grouds for a claim, it will be conducted on a No Win, No Fee basis, meaning you won’t face any fees for their time even if the outcome is unfavorable.
No, it is not imperative to enlist the assistance of a third-party entity for the pursuit of this claim. Therefore, you retain the right to directly address your concerns and submit a complaint to the responsible party without the need for external representation by a firm or individual.
Car Claim Specialists is a trading name of The Claims Experts Ltd, registered in England and Wales Company no. 11600861 | VAT Reg: 313 208644. Authorised and regulated by the Financial Conduct Authority (FRN 836692).
Our check is 100% free. If we identify a valid claim, we’ll present the results and may suggest submitting a claim on your behalf, but you’re under no obligation to proceed. We work on a no win, no fee basis; however, this excludes cancellation charges for any claim cancelled after the 14-day cooling-off period. You’ll have the chance to review our terms and conditions once we complete our initial work and identify a valid claim.
Please note, that you can use your own legal representation to proceed with a claim through the Courts or submit a complaint directly with the lender and use the Financial Ombudsman if you are not happy with the outcome at no charge.
One of the team will be in touch regarding your PCP or HP finance claim.
Discover if you were mis-sold your PCP or HP finance with a free, no-obligation check.