If you have a question regard your individual circumstances or are unabe to find the answer to a question, please contact us and we will do our best to answer any queries.
Industry Developments
We aim to keep you fully informed of developments within the regulated claims management industry, which should help in providing a realistic indication of expected timescales for your ongoing claims against unenforceable credit agreements.
You may find it useful to learn more about Our Process.
Credit agreements being challenged for unenforceability have been subject to the ongoing avoidance tactics used by lenders to delay cases actually being heard in court. Legal precedents set would render creditors liable for millions worth of pounds worth of compensation or balance write-offs very quickly.
Avoidance tactics used can involve anything from lenders claiming not to have received our requests for information, to more inventive tactics such as claiming that we don’t have authority to act on behalf of our clients, or that client’s signatures do not match the ones that they hold on file. A creditor may also send the information we request directly to our clients.
We combat this by developing our processes to pre-empt these methods of evasion. All of our post is sent by recorded delivery, and we digitally photograph all correspondence before it is issued. We also follow strict follow-up processes to ensure that lenders are chased if their responses are not acceptable. We take legal advice from our barrister and panel of solicitors to ensure that all of our documentation is structured to support the legal case we are making.
Lenders are legally obliged to provide the information we request, and their refusal to cooperate will be used to strengthen the case against them.
You can help us with our processes by:
- Ensuring that all account numbers are correct at point of application
- Making creditor cheques payable correctly as per out instructions
- Forwarding on any correspondence that may be sent to you directly
- Making us aware of any other direct contact from your lender
Once we are happy that a creditor has provided all of the information we have requested, our Auditing Team will analyse the information received. We look to identify flaws in the original executed credit agreement and accompanying prescribed terms. Any inaccuracies we can identify will be highlighted to the creditor, who is then given a final opportunity to comply with their obligations under the Consumer Credit Act (1974), which demonstrates that we are not acting with undue haste.
If the lender is still unable to provide an agreement that complies with the Consumer Credit Act (1974), we will package the case up for referral to our legal panel, who will take the necessary steps to progress the case through to court.
The outcome of recent test cases that our solicitors have had heard in court have been favourable to claims management companies, and these developments have allowed us to make some significant new appointments to our team. We are happy to announce that the most recent addition to our legal panel is currently achieving high volumes of successes for various legal arguments relating to the enforceability of credit agreements.
Please be aware that whilst we are still reviewing your agreements you should continue to meet the minimum contractual repayments agreed with your creditors.