How to stop car repossession in the UK?
What Happens When a Car Is Repossessed? UK Guide 2025
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When you're facing financial difficulties, it can be tough to keep track of all your monthly expenses, including car payments. One of the main reasons a vehicle might be repossessed is if you miss your agreed monthly payments. This can break the terms of your agreement with the finance company, and as a result, they may repossess your vehicle in an effort to recover their money.
If you're like most people, your car provides you with freedom and independence, so losing it can leave you feeling vulnerable and isolated. Car repossessions in the UK have been increasing, with voluntary terminations, surrenders, and repossessions reaching their highest levels in nearly two years. This trend is likely to continue as the cost of living crisis exerts further pressure on household budgets.
Unfortunately, many people aren't aware that when their car gets repossessed, especially if there's still a balance left to pay, it doesn't necessarily mean the end of the story. The finance company might explore different ways to recover its money, so we're here to provide you with as much helpful information as possible. This way, you can better understand the options available to you and feel more prepared to handle the situation.
Let's break down what happens with the remaining car finance and how you can tackle the problem
What Happens When Your Car Is Repossessed?
Before we explore your options for managing any remaining car finance, it's helpful to understand what happens when your car is repossessed. When the finance company takes back your vehicle, they usually don't keep it for long. Since the car isn't useful to them anymore, they prefer to sell it quickly, often through an auction, to recover their money.
An auction of a repossessed vehicle is almost always guaranteed to sell for less than what you could achieve through a private sale (i.e., when you sell it yourself). This isn't ideal, but it doesn't always pose a problem unless... the sale price is not enough to cover your remaining finance on the car.
When Your Car Is Sold at Auction
Cars sold at auction, particularly repossessed ones, usually sell for well below their market value. Industry sources indicate that repossessed vehicles often sell for "pennies on the dollar" because buyers at these auctions are aware of the risks involved. After the sale, the finance company deducts auction fees, legal costs, repossession expenses, storage charges, and various other fees from the proceeds. The remaining amount is then applied to your outstanding loan balance.
Let's say that after selling your vehicle, you still owe £7,000 on the finance.
Understanding Unsecured Debt After Repossession
It's important to understand that the vehicle has been repossessed and sold. This means the finance that was secured to the car is no longer secured to any asset. It has now become an unsecured debt.
Unsecured debt can make car finance companies feel uneasy because they don’t have control over how they will recover their money. When this happens, they’ll try to find the best way to get back their outstanding debt.
Why Finance Companies Dislike Unsecured Debt
Without a physical asset to secure the debt, lenders lose their main leverage. A secured loan grants them the legal right to repossess and sell the asset if you default. Once that asset is gone and money is still owed, their recovery options become limited and often costly. This is why they may consider more aggressive collection methods, but they must still adhere to strict regulations set by the Financial Conduct Authority (FCA).
What Happens If the Car Is Sold with Outstanding Finance?
As mentioned earlier, if you still owe money after your vehicle is repossessed, the debt becomes unsecured, which finance companies prefer to avoid. So, what’s the next step?
Well, one way they attempt to recover their money is by securing the debt (the remaining car finance) against another major asset. The most realistic asset would be a property, if you're a property owner. You need to understand that this is always seen as a last resort.
As stated by the Financial Conduct Authority, the finance company or their representative must attempt to recover the money or reach a reasonable agreement with you before any legal action is initiated.
Charging Orders and Property Risk
If you are a homeowner, the finance company might place a charge on your property. This transforms your unsecured car finance debt into a secured debt linked to your home. Although often a last resort, it becomes a real risk if you ignore lender communication and do not make a payment arrangement.
How Can You Stop a County Court Judgement from Happening?
To ease the pressure of the situation, you'll need to communicate with the finance company to inform them of your circumstances. Don't ignore the problem, as this could worsen your situation. Your risk of legal action will be significantly higher if you do not communicate with the finance company. They will simply let time pass until they can take action to recover their money through the court system.
It's crucial to understand that the finance company won't ignore the issue. When money is involved, organisations are persistent in their efforts to recover it. This knowledge will prepare you for the actions you need to take.
The best approach is to negotiate a payment plan or settlement with the finance company. This can help avoid legal action such as a County Court Judgment (CCJ) or a Charging Order, which you should aim to prevent if possible.
Steps to Avoid a CCJ
- Contact the finance company immediately and explain your financial situation clearly.
- Propose a realistic monthly payment based on your income and expenditure.
- Request written confirmation of any agreement you reach.
- Keep all communication in writing (letters or emails) to maintain a paper trail.
- Avoid agreeing to payments you cannot afford, as it will only worsen the situation
Recent data shows that in the first quarter of 2025, UK mortgage possession claims increased by 31% compared to the previous year, and repossessions went up by 42% in the owner-occupier mortgage sector. These numbers could indicate broader financial difficulties and might point to increased enforcement in other credit areas, such as car finance.
What If You Don't Own a Property?
If you don't own a property, the finance company faces a challenging situation. While it may be easier for you, it doesn't benefit them. They will probably hire a solicitor if legal action is pursued, but they need to consider whether the effort is justified.
Once more, they must try everything to reach an agreement with you, but if they fail, matters become complicated.
How tricky, you might be thinking? Well, the finance company has a few options, none of which are guaranteed to be chosen. Let's go through them below.
Option 1: Attachment of Earnings
The finance company might decide to hire a solicitor to obtain a County Court Judgment (CCJ) against you (the debtor), but what happens then? If there are no assets to attach the debt to, what other recovery options might they have?
Attachment of earnings means money is automatically deducted from your wages each pay period to settle your remaining debt. However, there are some issues. The effort required by the finance company to set this up for small monthly payments might seem pointless. Additionally, if your income is low, it could take a long time to clear the debt.
Option 2: Instruct Bailiffs
Instruct bailiffs - A finance company might consider using a bailiff to recover its money, but keep in mind that this will incur additional costs. Let's take a moment to think this through. How likely is it that, by seizing your goods and selling them at auction, the finance company will be able to recover all the money they need and cover the bailiff's expenses too?
In most cases, the answer is quite unlikely. Remember, auctions usually generate lower proceeds from the sale of goods, so the finance company's return would likely not cover the debt and costs. Not to mention that the bailiff might be refused entry by the debtor (you), making the whole exercise potentially a waste of time.
Why Lenders May Write Off the Debt
In many situations where there's no property to secure the debt and limited income to attach earnings to, finance companies might decide that chasing the debt isn't worth the cost. This doesn't mean you're free from the debt; it will still be on your credit report for six years, but active collection efforts may stop. However, you should never assume this will occur. Always communicate with your lender and try to reach an agreement.
Protecting Your Rights During Vehicle Repossession
Understanding your legal rights during car repossession is really important. Under the Consumer Credit Act 1974 and FCA regulations, finance companies are required to follow specific procedures to ensure that everything is handled fairly.
- They cannot repossess your vehicle without proper notice unless you've committed a serious breach of the agreement.
- They must communicate clearly and provide opportunities for you to catch up on payments.
- They cannot use threatening, aggressive, or deceptive tactics.
- They must consider your personal circumstances and any financial difficulties you're experiencing.
If you believe your finance company has acted unfairly or unlawfully, you can:
- Complain directly to the lender in writing.
- Escalate your complaint to the Financial Ombudsman Service if you're not satisfied with the response.
- Consult The Real Debt Guy to determine if you have a case.
Remember to read The Real Debt Guy's final thoughts below!
The Real Debt Guy is a qualified financial adviser and a UK debt expert. The information in this article is considered to be true and correct at the publication date.
