Quick Claim AssessmentOur form only takes less than a minute
Do I need a Solicitor?
Avita Legal is a trading style of Avita Legal Limited a Solicitor's firm that is authorised and regulated by the Solicitors Regulation Authority (SRA).
You do not have to use a legal representative to make a claim. You have the right to make a complaint yourself directly to the Lender and then the Financial Ombudsman Service (FOS). The FCA is likely introducing a free to use redress scheme. Eligibility and outcomes depend on individual circumstances and proper investigation.
Although you can make your claim directly, you may find it preferable to use a professional representative, to help you manage the claims process due to our expertise in this area, or simply because you do not have the time.
1. Complete Assessment
Our assessment form takes less than a minute to complete.
2. Claim Review
A claim specialist will review your claim and see how much you might be entitled to
3. Proceed With Claim
If your claim is successful, you will receive the compensation you are due.
Our Fees
We act for you on a no win, no fee basis. In the event that your claim is successful, you will pay us a Success Fee (plus VAT). You do not pay us anything if you lose your claim. However, there are some instances where fees and/or costs may be payable, which we have detailed below (Termination Fees and Adverse Costs).
Our success fee is calculated based on the amount of compensation you receive as per the table below.
| Redress awarded for a claim(s) | The maximum percentage rate of charge | The maximum total charge (£) |
|---|---|---|
| £1 - £1,499 | 30% | £420 |
| £1,500 - £9,999 | 28% | £2,500 |
| £10,000 - £24,999 | 25% | £5,000 |
| £25,000 - £49,999 | 20% | £7,500 |
| £50,000 or above | 15% | £10,000 |
All figures above are subject to VAT.
Our fees are also payable in the event a lender negotiates and/or pays your compensation directly to you. In the event the lender pays your compensation directly to you our fees are due within 14 days of you receiving any such payment.
Example 1 - If the lender offers you compensation in the net sum of £1,000, this will be paid to us. We will then deduct the sum of £360 (30% + VAT) and the remainder balance of £640 will be paid to you.
Example 2 – If the lender offers you compensation in the net sum of £5,000, this will be paid to us. We will then deduct the sum of £1,680 (28% + VAT) and the remainder balance of £3,320 will be paid to you.
As an outcome of their review of the motor finance industry the FCA is now consulting on a free consumer redress scheme. If such a scheme is put in place our Success Fee will still be payable to us on consideration of the work we have completed on your behalf.
Where the claim is pursued via litigation (i.e Court Proceedings) the fee cap does not apply. In which case we can charge up to 50% of the amount awarded or an hourly rate as set out in our Solicitor Care Pack.
Termination Fees and Adverse Costs
You have an initial 14 day 'cooling off' period from when you instruct your Solicitor. However, if you cancel your claim after this 14 day cooling off period, the Solicitor reserves the right to charge you a termination fee for their reaosnable costs incurred up to the point of termination. For further details, please see our terms & conditions.
If your claim is purused via litigation and ultimately loses, you will be likely be responsible for adverse costs which can include the defendants legal costs and disbursements. However, if litigation is considered as a more suitable route for your claim, we will likely recommend taking out a specific type of insurance called After the Event Insurance and arrange this on your behalf. This would cover the risk of you paying adverse costs in the event that your claim through litigation is not successful (subject to the terms of the policy). We would also explore whether you already have any similar type of cover in place (e.g. linked to other insurance products or finanical products you may have).
Frequently Asked Questions
What is PCP?
PCP, or Personal Contract Purchase, is a loan to buy a car where you make monthly payments based on the car's depreciation. You can choose to pay a final 'balloon payment' to own the car.
What is HP?
HP, or Hire Purchase, is a loan agreement where you pay a deposit and monthly payments over a fixed term, typically between one and five years, to eventually own the car.
Does the type of agreement matter (PCP vs. HP)?
No, Avita Legal accept claims for various vehicle finance agreements, including PCP and HP.
Can I make a car finance claim if I've paid off my car finance?
Yes, you can still claim if you took out your PCP or HP agreement before 1st November 2024.
How do I know if I have a motor finance claim?
You might have a claim if you financed a vehicle between 6th April 2007 and 1st November 2024, and weren't informed about commission payments to the dealer or other important information such as if they were a tied or exclusive agent.
What timeframes affect your claim?
The FCA has paused the investigation of motor finance complaints (from the usual 8-week deadline) whilst they examine the issue of car finance sales that involved commission. This is currently until 4th December 2025 however, the FCA is now consulting on extending this until 31 July 2026. Avita Legal can still submit a complaint on your behalf but may not receive a response until after this.
The FCA is likely introducing a free consumer redress scheme and they estimate that a consumer may receive on average £700 per agreement under their redress scheme. Eligibility and outcomes depend on individual circumstances and proper investigation. https://www.fca.org.uk/publication/consultation/cp25-27.pdf