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Can I part exchange a car that has finance on it?

Yes, once the finance is cleared. The lender owns a car on hire purchase or PCP, so ask it for a settlement figure. If the dealer values the car at less than that, you pay the shortfall.

Last reviewed . The official sources it draws on, and the date each was read, are listed at the foot of the page.

Why the finance has to be cleared

On hire purchase or a PCP the finance company owns the car until the final payment, and nidirect says you cannot legally sell goods under a hire purchase agreement until it has been paid off. A part exchange is a sale of your car to the dealer, so the agreement has to be settled as part of the deal.

What the dealer allows for your car, set against what you owe, decides what happens next.

Get your settlement figure first

If your agreement is a regulated consumer credit agreement, you can ask the lender for a statement of the amount needed to clear it, with particulars showing how it is worked out. It must be given within 7 working days of your request, and you do not have to ask in writing unless the agreement is secured on land.

Having the figure before you talk to a dealer lets you compare it with their offer. The statement is in a form the regulations prescribe, so it shows the same items whichever lender you ask.

Equity or a shortfall

The dealer’s allowance set against your settlement figure
If the dealer’s allowance isWhat it means
Higher than the settlement figureThere is equity. The FCA describes a PCP customer using equity built up during the agreement towards a new agreement.
Lower than the settlement figureThere is a shortfall. The settlement figure is what discharges your agreement, so the difference still has to be paid.

You do not have to part exchange

You can settle the agreement yourself under section 94 at any time by giving notice and paying everything due, less the early-settlement rebate and plus any compensatory amount the lender is allowed to claim, and then sell the car privately or to a dealer. Handing a car back to the finance company is different again: voluntary termination is a separate right with its own answer.

Where this applies

The Consumer Credit Act sections used here extend to the whole of the UK, including Northern Ireland.

Sources

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