Questions and Answers: Reclaiming Car Finance

I acted as a guarantor on a car finance agreement that was mis-sold. Can I claim compensation?

If you acted as a guarantor on a car finance agreement that was mis-sold in the UK, your ability to claim compensation directly might be limited. Here's why:

Limited Guarantor Rights:

  • Unlike the primary borrower, guarantors generally don't have the same right to directly claim compensation for mis-selling.
  • Your situation is often linked to the borrower's claim.

Indirect Benefits:

  • However, if the borrower successfully claims mis-selling, it can indirectly benefit you as a guarantor.
  • If the mis-selling led to the borrower taking on unaffordable debt, the car finance company might:
  • Reduce the overall loan amount.
  • Offer alternative repayment options.
  • In some cases, even cancel the agreement entirely.

Reduced Liability:

  • Any positive outcomes from the borrower's mis-selling claim would typically benefit both the borrower and the guarantor.
  • A reduced loan amount translates to a lesser potential liability for you if you're called upon to make repayments.

Alternative Actions:

  • While you may not be able to directly claim compensation, there are alternative actions you can consider:
  • Supporting the Borrower's Claim: Encourage the borrower to pursue a mis-selling claim with the lender. Their success can have positive downstream effects for you.
  • Seeking Legal Advice: Consulting a solicitor specialising in mis-selling claims can be valuable. They can analyze your situation and advise on the best course of action to protect your interests.

Disclaimer: Reclaimingcarfinance.co.uk cannot provide legal advice. This information is intended as a general overview and shouldn't be a substitute for professional guidance.

Additional Resources:


Remember:

Although direct compensation claims might be limited for guarantors, supporting the borrower's mis-selling claim and seeking legal advice can significantly improve your chances of minimizing financial losses.
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