How The Process Works In Detail

The Solicitors will request your Lender provides a copy of your Credit Card or Loan Agreement under the terms of the Consumer Credit Act 1974. The Solicitors will also request that your Lender provides a copy of the records they hold relating to your Agreement under the terms of the Data Protection Act

Where appropriate, the Solicitors will also write to any Debt Recovery Agency involved, informing them that whilst they are investigating your Agreement, they should not contact you

The Consumer Credit Act 1974 requires Lenders to provide copies of Credit Agreements within twelve days and if a Lender fails to provide a copy of an Agreement within one month the Lender breaches the terms of the Consumer Credit Act

If a Lender has lost or destroyed your Agreement and cannot supply a copy of the Agreement, the Solicitors will write to inform the Lender that under the terms of the Consumer Credit Act they are unable to enforce the Agreement, until they provide a copy of the Agreement. The Solicitors will also offer the Lender the opportunity to agree the outstanding balance is no longer repayable or to provide a copy of the Agreement. If the Lender does not comply with the Solicitors request, they will in due course issue Court Proceedings against the Lender

If a Lender supplies the Solicitors with a copy of your Agreement, they will then conduct a detailed evaluation of your Agreement to discover if the Agreement has complied with the requirements of the Consumer Credit Act. When the Solicitors have completed their evaluation, they will write to you to confirm their conclusions

If the Solicitors conclude that your Agreement is Unenforceable, they will invite you to meet with them at their offices to discuss how they will pursue your claim, answer any questions you may have and complete a Conditional Fee Agreement, offering to pursue your claim on a No Win No Fee basis. However, if you would prefer, this process can be conducted over the telephone and by post

The Solicitors will write to your Lender to inform them of the Legal reasons why they believe your Agreement is Unenforceable. The Solicitors will invite your Lender to agree the outstanding balance is no longer repayable and request they remove or not register any adverse information with the Credit Reference Agencies. If the Lender agrees the matter will conclude. However, if your Lender will not agree that your outstanding balance is no longer repayable, the Solicitors will in due course issue Court Proceedings against the Lender

If a Lender does not agree with the Solicitors assertion that your Agreement is Unenforceable and that the outstanding balance is not repayable, the threat or issue of Court Proceedings against them can make the Lender reconsider their position

The reason for this is that if a Lender decides to defend Court Proceedings and loses at Court, they risk the Court issuing a costs order against them ordering them to pay: the Solicitors fee, any Barristers fees, all costs involved and a success fee of up to 100% of Legal fees. Therefore, if a Lender loses in Court, they could have to pay out over ten thousand pounds and still not be able to recover the outstanding balance of your Agreement

If Court Proceedings are necessary, the Solicitors will issue these under the terms of a Conditional Fee Agreement, on a No Win No Fee basis. This means that as long as you fully cooperate with the Solicitors, if you lose your claim you will not have to pay them a fee and if you win your claim you will not have to pay them a fee as they will claim their fees and costs from the Lender

If Court Proceedings are necessary, the Solicitors will also seek after the event insurance. This will ensure that you will not become liable to pay the Lenders Legal fees

Where the Solicitors feel it is appropriate, your claim will be presented in Court by the Solicitors Barristers who will also work under the terms of a Conditional Fee Agreement on a No Win No Fee basis

The Court Proceedings the Solicitors will issue will seek a Court Order forcing the Lender to agree that your Agreement is Unenforceable and that the outstanding balance will not need to be repaid