Car finance (pcp)
Author
Discussion

MadMaky86

Original Poster:

40 posts

38 months

Wednesday 8th February 2023
quotequote all
Hello people just a quick one to see if anyone has been through anything similar.

Someone went into my parked empty car, the insurance decided to have it written off absolutely gutted but that's life.

However they valued it far lower than what it was worth pre accident and when I disputed it I was put straight to the complaints department and told that because I have pcp finance I fall into the section of the policy that states if I have a car on lease or contract hire I'm not entitled to the market value just what's left to pay on the finance.

Over the last couple of weeks I have been researching it it and from what I gather pcp is not a lease or contract hire.

Has anyone else run into something similar.

WayOutWest

1,075 posts

82 months

Wednesday 8th February 2023
quotequote all
You seem to be missing the factor of the balloon payment required to own the vehicle outright at the end of contract.
You obviously haven't paid the balloon payment yet, so why would the insurance company pay you the full value of the vehicle?

un1eash

667 posts

164 months

Wednesday 8th February 2023
quotequote all
WayOutWest said:
You seem to be missing the factor of the balloon payment required to own the vehicle outright at the end of contract.
You obviously haven't paid the balloon payment yet, so why would the insurance company pay you the full value of the vehicle?
I don't agree, they should be paying out market value pre accident regardless on how the car is financed or paid for. Are they going to pay over market value if your in negative equity? no of course their not.
Same if your coming towards the end of a PCP and have positive equity they should still pay market value, finance gets paid off and you pocket the rest.

OP which insurance company is this?

MadMaky86

Original Poster:

40 posts

38 months

Wednesday 8th February 2023
quotequote all
Sheilas wheels/ esure.

Dr Jekyll

23,820 posts

285 months

Wednesday 8th February 2023
quotequote all
WayOutWest said:
You seem to be missing the factor of the balloon payment required to own the vehicle outright at the end of contract.
You obviously haven't paid the balloon payment yet, so why would the insurance company pay you the full value of the vehicle?
So how is the OP supposed to pay the balloon since the GFV (if any) won't apply to the mangled wreck? The balloon is after all part of what is outstanding on the finance.

WayOutWest

1,075 posts

82 months

Wednesday 8th February 2023
quotequote all
To clarify if you can define "what's left to pay on the finance" means, is that just the sum of all the monthlies that would be due up to the end of the contract, or does it also include the likely balloon payment/optional final payment amount?

MadMaky86

Original Poster:

40 posts

38 months

Wednesday 8th February 2023
quotequote all
It includes everything including the balloon payment.

lonny

431 posts

267 months

Wednesday 8th February 2023
quotequote all
If they paid any more than the outstanding balance then there would be an incentive for people to write off the car and pocket the difference.

Dr Jekyll

23,820 posts

285 months

Wednesday 8th February 2023
quotequote all
lonny said:
If they paid any more than the outstanding balance then there would be an incentive for people to write off the car and pocket the difference.
No different from insuring a car with no finance on it.

MadMaky86

Original Poster:

40 posts

38 months

Wednesday 8th February 2023
quotequote all
I understand what you are saying about people having cars written off to pocket the money but that applies to all car insurance not just if you are on pcp.

I took out pcp as a means to buy my car I've paid off over £7000 and are now being told I'm not entitled to a market value as they consider it to be leasing/ contract hire.

My finance agreement says absolutely nothing about it being a lease or contract hire even mu finance company has said my contract is not lease or contract hire plus they only finance the purchase of cars they don't do lease or contract hire.

Also from what I understand if you lease or contract hire the company is in possession of the v5 and the lease/ contract hire company's name is on the v5 also. However I have the v5 and my name is on it as the registered keeper.

The whole situation is so confusing but I thank everyone in advance for all information put forward.

un1eash

667 posts

164 months

Wednesday 8th February 2023
quotequote all
lonny said:
If they paid any more than the outstanding balance then there would be an incentive for people to write off the car and pocket the difference.
Or just sell the car and pocket the difference.

DaveA8

699 posts

105 months

Wednesday 8th February 2023
quotequote all
They're insuring the OP's loss, if that clears completely the contractual obligation, why would they pay more.

This should be considered a good result

Muzzer79

12,741 posts

211 months

Wednesday 8th February 2023
quotequote all
Curious case. Not heard of this before

One can only assume that with used prices increasing over the last few years, insurance companies are trying to limit their liability to just the outstanding finance.

After all, insurance is there to put you in the same position as pre-claim, not to better your situation. The OP has achieved the same position pre-claim.

However, whether this can be challenged is the question. It's certainly worth a conversation with the ombudsman I would have thought, being as a PCP clearly isn't leasing or contract hire.

Deesee

8,509 posts

107 months

Wednesday 8th February 2023
quotequote all
OP, any GAP in your paperwork/finance agreement?

Zoon

7,253 posts

145 months

Wednesday 8th February 2023
quotequote all
Surely they have to offer market value?

WayOutWest

1,075 posts

82 months

Wednesday 8th February 2023
quotequote all
I guess the insurers argument will be the £7000 spent thus far is considered rightly or wrongly, by them at least, to be equivalent to depreciation.
It is odd though the more you think about it. If you owned outright e.g. had bought the car for cash would you get a higher insurance payout?
If so then the insurance premium should be lower for a PCPd car as their liability is less. But did they even know it was PCPd when you insured it?

MadMaky86

Original Poster:

40 posts

38 months

Wednesday 8th February 2023
quotequote all
Thank you all so much for your thoughts and advice it really is appreciated.

I think instead of sending my brain into overdrive and playing the guessing game I will just go to the ombudsman and put it to bed on the basis of what they say goes.

Again thank you so much everyone.

valiant

13,498 posts

184 months

Wednesday 8th February 2023
quotequote all
Aren’t contract hire and leases different to pcps? PCP is just a a hire purchase agreement with a balloon at the end, isn’t it?


wc98

12,401 posts

164 months

Wednesday 8th February 2023
quotequote all
DaveA8 said:
They're insuring the OP's loss, if that clears completely the contractual obligation, why would they pay more.

This should be considered a good result
Surely they were insuring their car. To put them back in the same position they need to provide another car of similar value. What if the op was down to the balloon payment and had taken on high monthlies to ensure a small balloon payment at end of term ? Would they only pay out say 5k when car was valued at two or three times that ? Seems like sharp practice to me.

Puppisadeer

95 posts

55 months

Wednesday 8th February 2023
quotequote all
I did a quick Google search and can’t find a similar scenario to the OPs. Everything seems to point to paying the market value of the car and then the onus is on the customer/finance provider to settle outstanding balance. Surely if insurance cover only extends to remaining pcp payments, it should be made clear during the application process? I think I’m going to check the terms of my policy now!