Help: Mis sold car finance claim gone to litigation and solicitors have gone bump!

brunettelady38

Good Afternoon All,

I am wondering if you have any advice i started a Mis sold car finance claim with a solicitors called Mcdermott Smith Law back in 2022 on a no win no fee basis, unfortunately the solicitors has gone bump and now my case has gone to litigation stage and i have no solicitors now. I know nothing about being ablenyo Defend myself and my case is now on a stay in court. Does anyone have any advice on solicitors who would take this case on a no win no fee at this stage?

i am so stressed about this i did this to try and recoup some money to pay of my debts not get myself potentially in to more debt? 

Help needed asap please 🙏🏻 Thank you 

DullGreyGuy

On what basis are you claiming it was mis-sold?

If you are the litigant why are you talking about defending yourself?

brunettelady38

I was misold due to undisclosed commission and affordability checks not being carried out, i am now in the situation where i have no solicitor defending me as the company i used to represent me on a no win no fee basis has gone bump! 😭 any advice would be greatly appreciated 

Hoenir

The solicitors shouldn't be defending you. They would have been pursuing a claim on your behalf. 

At the current time no one will be pursuing legal action. Suggest you have a read. 

Firms given until December 2025 to respond to motor finance commission complaints

https://www.fca.org.uk/news/statements/firms-given-until-december-2025-respond-motor-finance-commission-complaints

DullGreyGuy

brunettelady38 said:

I was misold due to undisclosed commission and affordability checks not being carried out, i am now in the situation where i have no solicitor defending me as the company i used to represent me on a no win no fee basis has gone bump! 😭 any advice would be greatly appreciated 

So the company is suing you because you defaulted on your payments or you are suing them because of undisclosed commissions and being silly for over stretching yourself?

Nasqueron

brunettelady38 said:

I was misold due to undisclosed commission and affordability checks not being carried out, i am now in the situation where i have no solicitor defending me as the company i used to represent me on a no win no fee basis has gone bump! 😭 any advice would be greatly appreciated 

Just to be clear, until all the cases are settled, you were not miss-sold over undisclosed commission

An affordability complaint is an entirely separate matter, proving it though, given they give you the monthly fee and finance based on what you tell them you can afford, is a different matter. Since the PPI scandal at least, firms have been nailing down these cases to avoid miss-selling complaints

dunstonh

It would be highly unusual that a car loan would be classed as unaffordable.  Car loans are credit-scored, and that looks at affordability based on your credit file.  So, your claim that affordability checks were not carried out would be incorrect.