Supreme Court challenge delays car finance claims

In a significant move, Black Horse and Close Brothers have sought to challenge a ruling by the Court of Appeal that allows drivers to bring forward collective car finance claims. This development has elicited a strong reaction from motor finance lawyer, Kevin Durkin, who argues that the lenders' actions constitute a deliberate attempt to complicate the claims process for drivers.

Kevin Durkin, Solicitor-Advocate and Director at HD Law, expressed his concerns stating “Black Horse and Close Brothers’ decision to seek permission to appeal from the Supreme Court, to overturn the ruling that allows drivers to bring their claims together is not in consumers’ interests. It is a deliberate attempt to delay the process and make it harder for drivers to be able to seek the compensation they are owed.”

Despite this legal maneuver, Durkin reassured drivers that “the good news for drivers is that nothing changes today. Until the Supreme Court decides whether to hear the case, the Court of Appeal’s ruling stands as law and claims can continue to be brought with the assistance of a specialist law firm.”

He further noted that “the court route remains open, just as it has been throughout the delays to the FCA’s redress scheme, which is still tied up in judicial review.” As frustrations mount among drivers who have been waiting for resolution, Durkin pointed out that “drivers are quite rightly fed up with waiting, and this latest challenge from the lenders just gives them another reason to be.”

Remarkably, there has been a significant surge in claims, with a reported 311% rise compared to the same time last year, indicating a growing resolve among consumers to pursue the compensation they believe they deserve. According to Durkin, “Black Horse customers make up 14.8% of our current claims, more than any other lender, and those consumers are already taking steps to protect their position and pursue the compensation they may be entitled to.”

With his extensive experience, Kevin Durkin is uniquely positioned in this field; he is the only lawyer in the UK who has successfully taken a car finance claim to the Supreme Court and won, specifically the case known as Marcus Johnson. His ongoing fight for consumer rights continues to play a crucial role as this legal battle unfolds.