HP Finance Claims - Claim Compensation For Your Mis-sold Hire Purchase Car Finance Agreement

What Is A HP Finance Claim?

You may have a legal right to make a HP claim if you think you were mis-sold car finance through a hire purchase contract finance agreement when purchasing your vehicle.

Mis-selling of your HP car finance agreement may have occurred if the salesperson failed to give you all of the necessary information about your agreement, misled you, provided poor advice, or did not disclose any commissions or interest being charged as part of the agreement.

A recent Financial Conduct Authority (FCA) investigation discovered widespread evidence of car finance mis-selling on all types of UK car finance agreements, including hire purchase agreements, and estimate that as much as 40% of these agreements may have been mis-sold.

When Can I Claim For A Hire Purchase (HP) Refund?

You may be able to claim for mis-sold HP finance if the salesperson failed to present all finance options, adequately explain the details of your hire purchase finance agreement and the interest rates charged, make affordability checks or inform you if they would receive a commission.

The burden of proof is on the lender or the car dealership to show that they acted legally in all aspects of the process. You may be entitled to reclaim money for your HP car finance agreement if this cannot be proven.

Mis-sold hire purchase claims can be made in the following instances:

• You can claim for all types of vehicles, including cars, vans, trucks, and motorcycles
• You can claim for both new or second-hand vehicles purchased through finance
• Claims can be made for agreements that are still active, and payments are being made
• Claims can be made for agreements that have ended, and the vehicle has been paid off
• You can claim for multiple vehicles at the same time
• You can claim even if the vehicle was repossessed.

Additionally, the vehicle must be primarily for personal use, not business use.

How Can I Check If I Have A Mis-sold HP Car Finance Claim?

You may be able to claim compensation for your HP finance agreement if you bought a car or motor vehicle through hire purchase between April 2007 and 28th January 2021, and the finance agreement was mis-sold.

Your HP agreement may have been mis-sold if:

• The car salesperson did not inform you they would receive a commission from the lender for setting up the financial agreement
• The car salesperson did not inform you of all the finance options available, including explaining the differences and responsibilities of each type of product
• The car salesperson did not inform you, with complete transparency, of the interest rates charged for all finance options and how they may differ
• The car salesperson did not offer the best interest rate available to you
• The car salesperson did not adequately explain the details of the financial contract, including the Terms and Conditions they sold you
• The car salesperson did not conduct adequate affordability checks or talked you into an unaffordable finance agreement
• The car salesperson used high-pressure sales tactics or did not give you adequate time to consider the agreement.

It’s the lender or car dealership’s responsibility to prove that they did all of these adequately. If they can’t prove they did all of them, you’ll be entitled to make a HP claim.

How Much Money Could I Reclaim For Mis-sold HP Agreements?

The exact amount of compensation you could claim for a mis-sold HP agreement will depend on several factors.

• The level of compensation you may be able to reclaim is based on several factors, including:
• The size of the car finance loan – generally, the larger the loan, the more you’ll be owed and able to claim back
• The length of your car finance agreement – you’ll be owed more if you’ve been paying the loan for longer
• The interest rate you paid and the difference between the rate quoted and the rate you should have been offered
• In addition, the Financial Ombudsman Service awards a further 8% interest on the value of the overpayment

However, this is difficult in most cases as you will not know the interest rate you should have been charged. This is why the FCA’s ruling on the amount of compensation you may be due is so important.

What Is The Average Payout For A HP Claim?

Representing thousands of clients, we have successfully won over 90% of mis-sold car finance claims, including many HP finance claims, that have gone to trial since January 2022. The average compensation payout for a HP claim is £1,600.

Refunds for mis-sold HP finance can sometimes be as much as £10,000.

HP Claims Calculator – Check Your HP Car Finance Refund

Our calculator below estimates the size of a refund you may receive when making a HP claim.

Add the value of your vehicle, the number of years of your agreement, and the interest rate you paid. Then, compare this against a rate you may have been offered if you weren’t mis-sold.

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Please note that this calculator only provides a rudimentary calculation of how much extra interest has been paid on a Hire Purchase agreement.

The calculation is illustrative, and under no circumstances should it be used or relied upon in the pursuit of a claim. If in doubt please take legal advice from a firm with suitable expertise, such as Bott and Co.

What Types Of Mis-selling Can I Make A HP Compensation Claim For?

From the thousands of HP claims clients we have represented, the most common types of mis-selling are:

• Hidden Discretionary Commission Arrangements
• Inflating Interest Rates To Get More Commission
• Not Explaining All Financing Options To The Customer
• Not Disclosing Who Owns The Car At The End Of The Agreement
• Not Carrying Out Affordability Checks

Simple Claim Process

• Add your details to our claim checker
• We will confirm if you were mis-sold
• We will negotiate a settlement with the lender
• You receive the compensation you are due.

What Are Discretionary Commission Arrangements In Hire Purchase Finance Agreements?

Discretionary commission arrangements, sometimes known as DCAs, were a commission model that allowed lenders to authorise brokers to adjust the interest rates they offered customers for HP car finance agreements.

The broker was incentivised to increase their commissions by charging the customer a higher interest rate than necessary. The Financial Conduct Authority (FCA) banned DCAs in January 2021.

Which Car Makers Can I Make A HP Finance Claim Against?

Many mis-sold HP claims will be against the banks or lenders who have agreements with the car makers.

However, if you think you have a right to claim, you can claim against any car maker. We have ongoing litigation or have settled cases against well-known car companies such as Audi, BMW, Hyundai, Kia, Mercedes Benz, Toyota, Vauxhall, and Volkswagen.

Which Lenders Can I Make A HP Claim Against?

We have hire purchase HP finance claims in progress against a large number of lenders, including:

• Black Horse Ltd
• Blue Motor Finance Ltd
• BMW Financial Services (GB) Ltd
• CA Auto Finance UK Ltd
• Close Brothers Ltd
• Clydesdale Financial Services Ltd
• FCE Bank PLC
• FirstRand Bank Ltd (London Branch)
• Hyundai Capital UK Ltd
• Mercedes-Benz Financial Services UK Ltd
• Moneybarn No. 1 Ltd
• NIIB Group Ltd
• PSA Finance UK Ltd
• RCI Financial Services Ltd
• Santander Consumer (UK) PLC
• Startline Motor Finance Ltd
• Toyota Financial Services (UK) PLC
• Vauxhall Finance PLC
• Volkswagen Financial Services (UK) Ltd

How Far Back Can I Make A HP Finance Claim?

You have up to six years from the date of the agreement or three years from when you became aware that you had cause to raise a complaint.

Reclaim HP Car Finance With Bott and Co Solicitors

As the UK’s leading solicitors in mis-sold car finance claims, we have won several significant cases, including the pivotal test case of Mrs Young vs Black Horse, which has opened the doors to thousands of people reclaiming compensation for mis-sold HP agreements.

We have spent millions in litigation, representing the rights of car finance consumers, and have won numerous test cases that have set a precedent for everyone who may have been mis-sold to have the right to claim, whether Bott and Co. represent them or not.

Frequently Asked Questions On HP Finance Claims

Can I Make a HP Claim For More Than One Vehicle?

Yes, you can make a claim for each separate agreement you entered where you think you may have been mis-sold.

Can I Make a HP Claim If The Lender Has Gone Out Of Business?

If the lender has gone bust, you can no longer claim against them. However, you may still be able to claim from the dealer or broker that arranged the HP agreement.

I’ve Already Made A HP Claim Directly With The Lender, But I Haven’t Had A Response. What Should I Do?

If you have submitted your letter of complaint directly to the lender under the DISP rules (Dispute Resolution Complaints), the lender has up to eight weeks to respond.

How Do We Know PCP Mis-Selling Took Place?

In 2021, a Financial Conduct Authority (FCA) investigation discovered widespread mis-selling of car finance agreements.

As part of the investigation, the FCA sent mystery shoppers to 122 car retailers throughout the UK to discover:

• Of the 122 retailers, only 11 told their customers the dealership might receive a commission for arranging the deal
• Only 31% of brokers explained to PCP finance customers that they do not own the car until all sums (including a balloon payment) have been paid
• Just 28% of brokers disclosed the total amount payable and explained the consequences of a missed payment or withdrawal from an agreement
• On a typical motor finance agreement of £10,000, a customer may have been charged £1,600 more in interest through a PCP agreement than through a different financing plan.

As a result of the investigation, the FCA banned commissions linked to car finance in June 2021. The FCA estimates the move will save consumers around £165 million a year.