Q: |
What am I entitled to claim against? |
A: |
Any credit agreement governed and regulated by the Consumer Credit Act 1974, which was taken out prior to April 2007. The original loan must not have been more than £25,000 and the current outstanding balance needs to be a minimum of £1,000.
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Q: |
Can I make the claim myself? |
A: |
Yes. However, it is doubtful that your lender will engage in settlement negotiations without the threat of legal action and the law is very complex in this area. Also please note this is complex law and should not be seen as a "Loop hole" solution to write off your debts. Furthermore, there was a case of a couple who did manage to write off about £100,000 worth of debt by claiming themselves which took several years and despite writing off £100,000 in debt, they ended up with the equivalent amount in legal fees, bringing them back to where they started from. We do not recommend this as an option and this is why we offer the services that we do. For a very small price, you can sit back and relax and let our specialised solicitors do all the work for you.
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Q: |
I'm currently in Debt Management, does that prevent me from making a claim? |
A: |
No. As long as your agreements are governed by the Consumer Credit Act 1974 and the above mentioned conditions apply, you are fully entitled to make a claim.
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Q: |
Do I need to inform my lender of my intention to make a claim? |
A: |
No. Once you have authorized our solicitor to act on your behalf, your lender is not allowed to harass you in relation to a claim as the debt would then be in legal dispute and by doing so, they would be ' acting outside the law '.
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Q: |
Can you support what you say, legally? |
A: |
Yes. The vast majority of agreements do not comply with the Consumer Credit Act 1974 and so you can find legal representation through our panel of specialised solicitors.
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Q: |
How do I claim? |
A: |
Click here or call us on
0800 011 4702
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Q: |
How much will it cost? |
A: |
Our fees are as low as £299 per agreement with no other charge. There is a fee of £ 1.00 per agreement which is required to be paid to the lender in order to request the client information.
A surcharge of 2.5% will apply to payments made by credit card. No Surcharge will apply to payments made by debitt card or cheques.
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| Q: |
Why am I being charged up-front? |
| A: |
As you can appreciate with this being a legal process, a substantial amount of administration and investigation is required to determine whether you credit agreement is unenforceable. First, we will need to obtain all the required information from you in order to correctly put your case together. Then we will need to directly liaise with your lender in order to obtain a copy of the original credit agreement that you signed. Upon receiving a copy of the agreement, our specialised litigation solicitors will then need to undertake an in-depth analysis of all of the documentation relating to the agreement. The up-front fee of only £299 covers this entire process.
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Q: |
Do you have a ‘cooling off' period? |
A: |
Yes. You are entitled to a full refund of the £299 fee as long as you request this within the 14-day 'cooling off' period.
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Q: |
What happens if after the solicitor has checked my agreement, it is found to be enforceable? |
A: |
You will need to continue paying your loan/card. A refund of £ 200 is payable if your agreement is fully compliant and enforceable
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| Q |
Do you offer a refund if i do not have a claim? |
| A: |
Yes in the event your "Agreement" does not result in a claim being placed with a panel of Solicitors we will refund all your Audit Fee
less a £ 99.00 admin charge.
Please be aware that the £ 200.00 refund applies only if the agreement is found to be (enforceable) and have NO flaws. If the agreement contains flaws(unenforceable) and is accepted by the solicitor there will be NO refund.
This refund policy is available from 16th of February, 2009 onwards for Unfair Credit Agreement Claims only.
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Q: |
Are there any other hidden costs I should know about? |
A: |
There are no hidden costs, the only cost to you will be the £299 per agreement. Please note that claims for PPI work differently where there is no upfront cost and there is a 25% charge at the backend.
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| Q: |
How long will it take? |
| A: |
It can take between 6 and 12 months depending on the response times of the lender in question.
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| Q: |
If I decide to make a claim, what do I have to do? |
| A: |
First use our online free checker or call
0800 011 4702
to determine whether your agreement passes our initial requirements. If so, we then proceed to full application. This requires the completion of some easy to follow forms which will be sent to you by post. You will then need to return these forms to us along with the £299 payment by recorded delivery.
Accepted methods of payment: Cheque and Credit/Debit card payment.
A surcharge of 2.5% will apply to payments made by credit card. No Surcharge will apply to payments made by debit card or cheques.
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| Q: |
After submitting a claim, what happens next? |
| A: |
Your case will be assigned to a specialised solicitor who will then look into your agreement in more detail to determine the chances of successful claim. You will then be notified as to what your options are at that point. To avoid jeopardising your claim in anyway, we strongly urge you not to take matters into your own hands and to forward any correspondence which you may receive from the lender to your assigned solicitor.
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Q: |
Can I still use a card that I am claiming on? |
A: |
It is recommend that you stop making any further purchases on any cards that you are looking to claim against.
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Q: |
Will my credit rating be affected? |
A: |
As your agreement is in dispute, the lender is not permitted to put anything negative against your name by law.
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Q: |
Will I be able to get another credit card or loan ? |
A: |
None of the actions taken by us or our solicitors should affect your ability to apply for a loan or credit card, although any application would be subject to the individual lender's criteria.
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Q: |
Whilst my claim is being processed, should I stop making payments? |
A: |
Only if the solicitor advises you to do so and not before.
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Q: |
Is this the same as an IVA/Debt Management Program? |
A: |
No. This is entirely different as the aim is to write off your debts due to them being ‘unenforceable' as opposed to going into some form of arrangement with the creditors.
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Q: |
Is seems to good to be true ? |
A: |
On 29 June 2006 the Office of Fair Trading (OFT) published guidance on how provisions of the Consumer Credit Act 2006 may be used to protect consumers. The provisions relating to unfair relationships between borrowers and lenders came into force in July 2007.
This new Act updates the Consumer Credit Act 1974. It aims to create a fairer, clearer and more competitive consumer credit market and to improve protection for consumers. The Act enables borrowers to challenge credit agreements on the grounds that the relationship between the parties is unfair.
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