What Makes a Car Finance Contract Unfair?

Guide 26 January 2026

headshot of Chris Roy, Product and Marketing Director of Reclaim247 Chris Roy
What Makes a Car Finance Contract Unfair? | PCP & HP Guide

A lot of drivers say the same thing when they look back at their car finance agreement.

Something felt off.

Something was not explained properly.

Something did not add up once the payments started.

That feeling is common, especially with the wider car finance scandal now being talked about more openly. But it can still be hard to put your finger on what was wrong. You might know you are unhappy with the deal, but you may not know whether it counts as car finance mis-selling.

This guide explains what “unfair” can mean in the context of mis-sold car finance, and what signs to look out for if you are considering a car finance claim. It also applies to anyone exploring a PCP claim, since PCP agreements often raise the same questions around cost, transparency, and how the deal was sold.


A simple definition of an unfair car finance contract

In plain terms, a car finance contract may be considered unfair when the agreement or the sales process created an imbalance.

That imbalance might come from:

  • unclear or missing information at the point of sale
  • costs or risks that were not explained properly
  • incentives behind the deal that were not disclosed clearly
  • a structure that worked in the lender or broker’s favour, without you being aware

This is why unfairness is not only about the price. It is often about what you were told, what you were not told, and what you could realistically understand at the time.


Unfairness is not the same as dissatisfaction

It is completely normal to feel disappointed about a finance agreement later on. Circumstances change. Cars depreciate. Budgets tighten. A deal that felt fine at the time can start to feel uncomfortable.

Dissatisfaction often sounds like:

  • “I wish I picked a different car.”
  • “The monthly payments are harder now.”
  • “I want to end the agreement early.”

That does not automatically mean mis-selling of car finance.

Unfairness is usually more specific. It often sounds like:

  • “I did not understand the true cost.”
  • “I was not told about key risks.”
  • “I was not shown proper alternatives.”
  • “The deal felt structured against me.”

That difference matters, especially if you are considering a mis-sold car finance check or thinking about whether you might have grounds for car finance claims.


Key indicators that a contract may be unfair

There is no single line in a contract that proves unfairness in every case. But there are common patterns that show up again and again in complaints.

If you are exploring a car finance refund check, these are some of the main things to look out for.


1) Commission that was not disclosed clearly

One of the biggest issues linked to the car finance scandal is commission.

In some cases, commission may have influenced the cost of the agreement. But drivers were not always told about it in a clear and meaningful way.

This matters because commission can create a conflict of interest. You would reasonably expect to know if someone arranging your finance had a financial incentive that could affect the deal you were offered.

Some drivers later realise:

  • commission was never mentioned
  • it was explained in vague terms, or brushed off
  • the conversation focused on getting the deal signed quickly
  • they were not told they could shop around for finance

Commission does not automatically mean wrongdoing. But a lack of transparency can support concerns about mis-sold car finance.

If you want to understand this more clearly, read: Did My Lender Use Discretionary Commission? A Plain-English Guide for UK Drivers.


2) Interest rate flexibility that created an imbalance

Another issue that comes up in car finance mis-selling discussions is how interest rates were set.

Some arrangements allowed flexibility around the rate offered to the customer. In practice, that can feel unfair when:

  • the customer could not tell whether the rate was reasonable
  • the rate was treated as fixed, when it was not
  • the customer was not told how the rate was decided
  • the customer was not given a fair comparison

For many people, the interest rate is the difference between a manageable agreement and a costly one. If that part of the deal was not clear, it can raise questions.


3) A lack of transparency at the point of sale

A fair agreement is not only about what is written down. It is also about what was explained in the showroom, and whether you had a real chance to understand it.

Drivers often say they were not clearly told about:

  • the total amount payable
  • the balloon payment at the end of PCP
  • mileage limits and condition rules
  • early settlement costs
  • what happens if you return the car
  • what happens if you keep the car

This is why so many PCP claims relate to clarity. People often agree to PCP based on the monthly figure, then only discover the wider cost later.


4) A rushed sales process that left little room for questions

Not every fast sale is unfair. But pressure can matter when it stops you from understanding what you are agreeing to.

Drivers sometimes describe:

  • being pushed to sign on the day
  • being told the offer would disappear if they waited
  • being guided back to the monthly payment again and again
  • being discouraged from comparing other options

If you felt pressured into agreeing before you understood the key terms, that can support a car finance claim.


Practices the FCA has raised concerns about (April 2007 to November 2024)

It can also help to know what regulators have focused on.

The Financial Conduct Authority (FCA) has highlighted a few sales practices that may have played a role in car finance being mis-sold. These concerns relate to agreements taken out between April 2007 and November 2024 [1].

Some of the key issues include:

Discretionary Commission Arrangements (DCAs)

This is where a broker or dealership could increase the interest rate you paid, which meant they earned more commission. In many cases, drivers say this was not clearly explained at the time.

Unfairly high commission

This is where the commission paid to the broker may have been much higher than you would reasonably expect, especially if it was not made clear to you during the sale.

Contractually tied arrangements

This is where it may have looked like you were being shown a range of finance options, but in reality the dealership could only offer finance from one lender. That can make it harder to compare deals properly or make an informed choice.

These points do not automatically mean you are owed compensation. But they can help you understand what unfairness can look like in practice, and why so many people are now looking into car finance claims and PCP claims.

For a wider view of how FCA compensation discussions are developing, you may find this helpful.


Why unfairness is often clearer after the fact

This is one of the most frustrating parts for drivers.

At the time, the agreement might have felt normal. You may have trusted the salesperson. You may have assumed the finance was standard. You may have been relieved you were approved.

Then later, you notice things you did not understand at the start. You might see the full cost. You might realise the interest rate was higher than expected. You might feel trapped by the end of agreement options.

That does not mean you were careless. It often means the information was not presented in a way that made the risks and costs clear.


Can agreements from 2007 to 2024 still be reviewed?

Many drivers assume it is too late to question an older agreement. That is not always the case.

If you took out PCP or HP finance between April 2007 and November 2024, your agreement may still be reviewed, depending on the facts and what records exist.

That is why many people start with a mis sold car finance check or a car finance refund check. It helps you move from a general feeling to something more concrete.

If you are missing documents, you may find this guide useful: How to Recover Old PCP or HP Paperwork If the Dealer Has Closed.

If you feel unsure because you do not remember everything clearly, read: Can I Still Claim If I Don’t Remember the Details of My PCP Deal?


Why unfair terms do not guarantee compensation

This is important to say clearly.

Even if parts of an agreement feel unfair, it does not automatically mean you will receive compensation. A car finance claim depends on evidence, records, and the complaint process that applies at the time.

So be cautious of anyone who promises results or talks about guaranteed payouts. A legitimate outcome cannot be promised in advance.

A more realistic way to think about it is:

  • unfairness can raise concerns
  • concerns can support a complaint
  • a complaint can lead to a review
  • a review may or may not lead to compensation

That is often how car finance claims work in practice.


What to do if you think your contract was unfair

If you feel something was wrong, start with clarity.

You do not need legal language. You do not need to write a perfect complaint. You just need to describe what happened and what you understood at the time.

A good starting point is:

  • what you were told in the showroom
  • what you believed you were agreeing to
  • what was not explained clearly
  • what you only learned later
  • how that affected your decision

If you are unsure whether you need help with a complaint or next steps, this guide explains the difference between doing it yourself and using support from a finance claims expert.


A calm summary for drivers

A car finance contract may be unfair when the structure and disclosure create an imbalance. It is not only about cost. It is about whether you were given enough information to make a fair choice.

That is why mis-sold car finance is about more than regret. It is about transparency, incentives, and whether the agreement was sold in a way that allowed you to understand what you were signing.

If you are unsure, a car finance refund check or mis-sold car finance check can be a sensible first step. It can help you understand whether there are signs worth exploring further.




_________

References:

  1. agreements taken out between April 2007 and November 2024 - https://www.fca.org.uk/publications/consultation-papers/cp25-27-motor-finance-consumer-redress-scheme


Related resources

Guide21 January 2026

How to Spot PCP Claim Scams in 2026

PCP claim scams are increasing as more drivers search for answers about the car finance scandal. This guide explains how scams operate, the red flags to look out for, and how to stay safe while pursuing legitimate PCP and car finance claims in 2026.

Guide16 January 2026

PCP Refund Timelines in 2026: How Long Do Car Finance Claims Take?

PCP refunds are not instant. In 2026, the process often starts with getting your complaint received and confirmed. Final outcomes can take longer, especially for commission-related complaints. This guide breaks down the typical stages and timeframes.

Guide10 November 2025

Car Finance Claims & Refunds: How to Claim Mis-Sold Car Finance (2025–2026 Guide)

If you financed a car between 2007 and 2024, you may be owed compensation. The FCA’s 2025–2026 redress scheme could return up to £8.2-11 billion to UK drivers. Discover how to claim mis-sold car finance, check your eligibility, and secure your car finance refund today.

NewsGuide5 December 2025

Latest Updates on Car Finance Claims in the UK

The FCA has released major updates affecting millions of drivers reviewing potential mis-sold car finance agreements. In December 2025, the regulator confirmed that the pause on complaint handling will lift on 31 May 2026 and published PS25/18, setting out how firms must prepare for the upcoming redress scheme. The consultation on the scheme remains open until 12 December 2025 and could lead to a standardised compensation process for agreements taken out between 2007 and 2024.

© Claimsline Group Ltd 2025

Reclaim247.co.uk is a trading style of Claimsline Group Ltd, registered in England and Wales, Company registration number 09071409. Registered Office: C/O Burton Varley Ltd, Suite 3, 2nd Floor, Didsbury House, 748 - 754 Wilmslow Road, Manchester, United Kingdom, M20 2DW. VAT registration number 217654795. Registered with the Information Commissioner's Office; registration number ZA059156. You can find our terms of use, privacy policy and our cookie policy here. Claimsline Group Ltd is a claims management company. Any solicitor we recommend you to is an independent professional from whom you will receive impartial and confidential advice. You are free to choose another solicitor. Claimsline Group Ltd is authorised and regulated by the Financial Conduct Authority in respect of regulated claims management activities FRN Number is 831196.

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

3 All figures disclosed on the results page of our form are based on the £700 figure the FCA has stated to be the amount that each claim could be worth.

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

5 All three examples of compensation clients have received are examples from our working partners Bott&Co. These claims were all won before the FCA’s pause on motor finance claims.