Legal Grounds for Filing a PCP Finance Claim

Guide 5 May 2025

headshot of Andrew Franks, expert in automotive and finance, and co-founder of Reclaim247
Andrew Franks
A woman in white dress holding a gavel and a car key

Personal Contract Purchase (PCP) agreements have become one of the most common methods of financing vehicles in the UK. Designed to offer lower monthly payments and flexibility at the end of the term, PCPs are popular among drivers looking to upgrade cars every few years without hefty upfront costs. The increased popularity of PCP vehicle financing has resulted in a dramatic rise in consumers getting trapped into mis-sold deals leading to financial loss and unpleasant commitments.

The Financial Conduct Authority (FCA) and UK legislation provide robust protections for consumers, especially in finance-related agreements. The understanding of legal rights about financing vehicles under deceptive conditions allows applicants to file PCP finance claims.

Key Legal Grounds for Filing a PCP Claim

There are several legal frameworks that support a claim for mis-sold PCP agreements. The three pieces of legislation work together to protect consumers through distinct limits that empower individuals to combat unfair practices and obtain compensation.

Consumer Credit Act 1974

UK consumer finance law heavily relies on the foundation established by the Consumer Credit Act 1974. Every credit agreement such as PCP finance contracts must provide transparency and fairness according to the law. When a car dealership or finance provider does not completely disclose the agreement terms, they may violate this law.

Key protections include:

  • Consumers benefit from a mandatory "cooling-off" period after they sign their contracts.
  • Complete transparency for borrowers requires showing all interest rates alongside detailed repayment conditions and the overall cost.
  • Fair treatment during collections and repossession processes.

If any of these conditions were not met, it strengthens the legal basis of a PCP finance claim. People can request agreement copies under the Act while holding the right to dispute unclear or deceptive contract terms.

Financial Conduct Authority (FCA) Regulations

Financial services companies operating in the UK must adhere to FCA regulations which also cover car finance providers. To ensure customer welfare in financial services regulation, both lenders and dealers must supply the correct products with fully understandable explanations backed by fair marketing practices.

FCA rules emphasise:

  • Transparent communication of costs, including balloon payments and interest rates.
  • Proper assessment of the customer’s ability to repay.
  • Transparency about sales commissions or incentives that create potential bias.

Consumers have the right to file PCP claims in the UK if these standards are not met. Finance providers who sell cars through misleading advice or omit explaining important features could face violations of FCA standards.

Breach of Contract

Contractual breach occurs when parties do not complete their obligations stated in the agreement. The ones listed below represent the possible scenarios that could occur based on PCP finance agreement conditions.

  • The received vehicle failed to match its promised condition standards at delivery.
  • Changing agreed payment terms without consent.
  • Adding hidden fees or changing mileage limits post-sale.

Those who encounter breaches may pursue legal remedies to claim compensation or terminate their agreement. Maintaining evidence for complaints becomes critical because documentation of such breaches is essential.

Transparency Violations

A key legal issue in many PCP finance claims is the lack of transparency. The lack of clear explanation about basic terms such as excessive mileage fees and optional final payments and early termination costs might make the contract invalid in legal terms.

Another major issue is undisclosed commissions. Many dealerships receive commission from lenders for selling finance products. Not disclosing such information violates the FCA rules together with consumer protection laws.

Recognising Mis-Sold PCP Agreements

Understanding whether your agreement qualifies for a PCP claim check begins with identifying the signs of mis-selling. The early indicators remain unperceived by most people until operational problems become apparent.

Common red flags include:

  • You were not informed of the final balloon payment at the start of the contract.
  • The monthly payments or total cost were not fully explained.
  • You felt pressured into signing or were given little time to consider the deal.
  • Your financial situation wasn’t assessed to determine if the loan was affordable.
  • There was no mention of the commission earned by the dealership from the lender.
  • Mileage restrictions, early settlement fees, or other key details were omitted.

In addition, some customers may have been sold a PCP deal when a Hire Purchase (HP) or personal loan would have been more suitable — especially if they intended to keep the car long-term.

If any of these apply to your experience, you may have valid grounds for filing a car finance complaint.

Equally important is maintaining a paper trail. Documenting your PCP agreement plus emails and letters, along with notes from phone calls will greatly enhance your case. Claims often get delayed or rejected because of insufficient documentation so it is essential to organise records at the beginning of the process. Keep your original contracts alongside repayment schedules and any promotional materials that affected your purchase choice.

Being proactive about documentation not only protects your legal rights but also helps you confidently spot mis-sold PCP deals. When assessing whether the terms of your agreement were properly explained or if any key details were withheld, these records serve as evidence. They can prove discrepancies between what was promised and what was delivered — making all the difference in the outcome of your claim.

Filing a PCP Finance Claim

Taking action against suspected mis-sale of PCP agreements does not require you to feel overwhelmed. The next guidance presents an organised approach to continue.

1. Review Your Agreement

You should begin with a thorough examination of your PCP finance agreement. Identify any unexpected costs or conditions that were not explained to you during the initial purchase discussion. Monitor your PCP contract for the interest rate details and final balloon payment while checking clauses related to excess mileage and early termination. Unclear terms within your agreement become suspicious when you did not receive proper explanation from the seller or broker — this is a typical occurrence in mis-selling cases.

Compare what you were told verbally against what’s documented in the agreement. When the sales pitch does not align with the contract terms, it can signal deceptive practices or the withholding of crucial information. Your first evaluation serves as the baseline for claim validation which also prepares your case.

2. Gather Evidence of Mis-selling

Build a strong case by collecting:

  • Your finance agreement documents along with any related paperwork.
  • Emails, letters, or text messages from the dealership or lender.
  • A written account of your experience, including dates and conversations.

Capture screenshots from online listings and advertisements that influenced your buying decision. Such evidence can demonstrate how the deal was shown to customers and if misleading information was used. The documentation you keep will simplify the complaint process because it shows an ongoing trend of mis-selling incidents.

Maintaining a detailed written timeline of your experiences proves crucial for effective documentation. The timeline reveals hidden delays and miscommunication along with pressure tactics that you might not notice otherwise. Lenders and regulatory bodies give more credibility to complaints that have substantial documentation.

3. File a Complaint with the Lender or Dealership

You must first raise the issue with the business that arranged your PCP. The dealership or the finance company itself might be responsible. Describe the ways in which your agreement was mis-sold and specify the resolution you expect to obtain (such as an interest refund or contract cancellation).

A written complaint must contain evidence that supports your claims. Be concise but thorough — state the facts, refer to your documentation, and explain how you were financially or contractually misled. The lender and dealer must legally handle your complaints during a period of eight weeks.

During this time, continue to document any follow-up communication and keep copies of everything you send. If you are not confident in writing the complaint, template letters and consumer support services are available online to help frame your message professionally.

4. Escalate to the Financial Ombudsman Service (FOS)

The Financial Ombudsman Service becomes an option when the company does not respond in eight weeks or when you disagree with their provided response. Through its independent status, the Financial Ombudsman Service functions to address financial complaints when businesses fail to resolve them. The service provides cost-free unbiased evaluations and may direct the company to deliver compensation when they support your claim.

You can file your complaint online, by post, or over the phone, and you will need to submit all supporting documents. It helps to summarise the timeline of your claim, the steps you’ve taken, and how the company responded — or failed to respond. The FOS typically takes several weeks to review a case, but they aim to be fair to both parties.

The business will receive instructions to refund interest or modify the financial agreement along with compensation for financial damages if they rule in your favor. The FOS stands as a strong advocate when you face unfair treatment although not all claims receive total compensation.

5. Get Help from a Claims Management Company

Individuals have the option to manage their complaints through claims management organisations such as Reclaim247. Reclaim247 provides assistance during every stage of the process. Their team can perform a rapid PCP claim check to find signs of mis-selling in your agreement. They’ll often manage the end-to-end process, reducing stress and improving your chances of a successful outcome.

Your professional advantage improves when you use their talent for spotting agreement errors, disclosure omissions, and FCA regulatory violations. Their advice becomes essential when you struggle with drafting your complaint or when the legal process seems too complex.

Some claims companies require payment through fees or compensation percentages from any awarded settlements. Evaluate their terms and select a trustworthy business that offers transparent pricing and positive customer feedback.

Why You Should Consider a PCP Claim Check

A PCP claim check is a quick and often free assessment that can help determine whether your finance agreement was mis-sold. Many claims management services offer this online, requiring only basic details about your vehicle and contract. This step can give you peace of mind — or empower you to act if you’ve been treated unfairly.

Conclusion

Mis-sold PCP finance agreements are a widespread issue affecting thousands of UK consumers. People who suffer financial loss because of miscommunications or untruthful information from professionals face serious violations of legal duty.

Understanding your rights under the Consumer Credit Act, FCA regulations, and general contract law is essential to reclaiming what you may be owed. A PCP finance claim becomes necessary when you perceive anything in your PCP process to be confusing or rushed or unjustified.

Take the time to review your contract, conduct a PCP claim check, and collect relevant documents. If needed, file a formal complaint and seek professional guidance. A proper strategy will enable you to obtain the compensation and clarity you are entitled to.

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1Where No Win, No Fee is offered - You pay nothing unless your claim is successful. A fee between 18 - 36% applies on successful claims (fee dependant on level of redress secured), and a cancellation fee may apply outside the 14 day cooling-off period.

2£5,492.10 is the figure disclosed to Bott & Co Solicitors by Black Horse. £4,478.46 is the figure disclosed to Bott & Co Solicitors by Motonovo. £2,449.65 is the figure disclosed to Bott & Co Solicitors by Close Brothers. £4,298 is the figure disclosed to Bott & Co Solicitors by Santander.

3All figures disclosed on the results page of our form are based on the average a client was overcharged during the FCA’s investigation.

4Free Online Checker refers only to the live soft-credit check completed online to identify your car finance agreements.