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Challenging Consumer Debt

Challenging Consumer Debt

You may be repaying a debt that you do not legally owe. If you are in a debt management plan where you are paying off several creditors each month, your agreement could be void depending on whether the consumer debt has been purchased correctly by another company.

There are many ways in which loan agreements can be challenged and, in some cases, written off. HNK Solicitors have a team of expert lawyers who have years of experience in handling consumer debt cases and helping clients to significantly reduce their debt or get out of debt completely. If you are in debt of £4000 or more, contact HNK today for a free no-obligation consultation to find out how we can help you.

Step 1

Get in touch using our contact forms or any details provided throughout the site.

Step 2

We arrange a free consultation with you to discuss the case

Step 3

If accepted we will action your case on a no win no fee basis.

What we can do

The Consumer Credit Act contains strict provisions on what regulated agreements need to contain. If these provisions have been missed or incorrectly stated, then there are grounds to argue the agreements may be unenforceable which makes it possible to seek to reduce or extinguish, any amounts owed.

Debt purchasers must prove they have the legal right to collect a debt. To do this the debt buyer must show an unbroken, valid, chain of assignment back to the original creditor. Most debt buyers cannot do this and therefore they can not legally ask you to repay them the debt.

HNK Solicitors are experts in:

 

  • Analysing assignments of debt
  • Challenging the validity of Consumer Credit Agreements
  • Identifying any possible breaches of Financial Conduct rules
  • Challenging the legality of any assigned loan agreement regulated by the Consumer Credit Act

How it works

The evidence problem starts with the original creditor. Very few creditors keep copies of the credit applications with consumer’s signatures or even a complete set of account statements.

 

The original credit agreements that you signed when first taking out your credit cards, bank loans or store cards should have a ‘right of assignment’ clause that states whether or not your consumer debt can be assigned or sold on to a third-party debt purchaser. Every agreement will differ, so some will not have this, meaning your creditor cannot legally sell or assign your debt to a third party. If they do so, it voids the debts you owe. Also, if the debt purchaser and original creditor do not follow the correct processes set out in the agreement, then our solicitors can prove the sale of your debt was unlawful and you will not owe this debt purchaser any money.

Download Our Guide

Get in touch

Fill out the below form and one of our advisors will get in touch to arrange a consultation about your claim.


Call 0151 203 1104

enquiries@hnksolicitors.com Mon – Thu 09:00-19:00
Fri – 09:00-17:00

Case Study

Image of a distressed woman handcuffed covering her face with her hands, she's sat in front of a white wall

HNK Solicitors secure £84,734 in unlawful arrest claim

At HNK Solicitors, we have an experienced and dedicated action against the police department. We are highly experienced in helping clients to claim compensation after they have suffered mistreatment or misconduct by the police. We recently accepted instruction on an unlawful arrest claim on a no-win, no-fee basis. Demi Drury, Senior Associate and Head of the action against the police department handled the case. The client, who will be referred to as M, came to...
Read More

How we can help

To correctly assess your situation, we will need you to provide us the names of the creditors you are paying and their reference numbers (if you know them). Provided we are of the view that your debts have been purchased by the third party, we will write off to the creditor and will request documentation from them to enable us to assess the validity of your debt.

 

If we discover the sale of your debt was unlawful our team of expert solicitors will come up with a plan of how we will legally write off or make your debt unenforceable.

 

Contact HNK today to find out if you qualify to challenge your consumer debt. We have a team of specialists who have years of experience in challenging consumer debts and have helped people all over England and Wales to write off debts they have been struggling to repay.

 

To date, we have written off over £1,000,000 (1 Million) worth of debts for our clients.

Free Consultation

HNK offers a free no-obligation consultation either over the phone, via email, in our office, or a place that suits you. We can provide you with free advice on whether you have the right to challenge your debt and how best to pursue it.

We do all the work for you

We do all the work for you including contacting creditors on your behalf. Once we accept instructions from you, we contact the creditor to inform them we are acting on your behalf and all contact will then go through us.

We present a resolution

If we determine your debt is unlawful, we will present the evidence to your creditor along with a recommendation for a resolution which could be to have the debt written off in full. We continue to act on your behalf until a successful resolution has been negotiated.
FAQ

What level of debt do I need to be in for you to investigate the validity of my debts?

To instruct our firm to investigate the validity of your debt, you must be in £4,000 or more worth of debt. Unfortunately, we cannot accept instructions from clients with less than £4,000 worth of debt.

Do my debts need to have been sold to a third party for you to investigate the validity of my debts?

Yes, we can only investigate debts that have been sold on to third party companies. Unfortunately, we cannot investigate the validity of debts if they remain with your original creditor and have not been sold on.

How do I know if my debts have been sold on?

If you are in a debt management plan, contact your debt management company and ask them whom you are paying your debts to and whether the debts have been sold by the original creditor. Your debt management company is under an obligation to provide you with this information.

If you are not in a debt management plan, yet you pay a third-party company whom you did not lend money from, it is likely that your debts may have been sold on. Simply contact the company you are paying and ask them whether they purchased your debt from the original creditor or whether they are acting on behalf of the original lender as a collection agent.

What do you investigate once I have instructed you?

Once you have instructed our firm and have agreed to our terms of business, we get in contact with your creditors to establish whether they followed the correct rules and procedures when they purchased your debt. In accordance with the Consumer Credit Act 1974, original creditors who have sold your debt have rules they must follow, as do those companies who have purchased your debt. From our experience, many creditors fail to adhere to the rules required by law. When the rules have not been followed, this may mean that your debt is unenforceable.

What does it mean if my debt is unenforceable?

If after we have conducted our investigation into the validity of your debt, it is found that your debt is unenforceable, this means that you cannot be forced via the Courts to pay your debts. In short, the company that purchased your debts is unable to take you to Court to enforce the money which you originally borrowed.

What are the names of companies that purchase debts?

There are many companies with the UK that regularly purchase debts from original lenders. Common names to look out for are:

• Lowell
• Cabot
• Moorcroft
• Link Financial
• PRA Group
• Robinson Way
• Debt Managers

Can’t find what you’re looking for?

Let us know what you’re looking for and we will get back to you as soon as we can.

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Call us on - 0151 203 1104 | Email us at - enquiries@hnksolicitors.com
Higgs Newton Kenyon Solicitors
4.6
Based on 102 reviews
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christine stockwell
christine stockwell
07:26 30 Sep 21
Higgs Newton Kenyon Solicitors have been brilliant even through the pandemic, it must be hard to do, they are very... informative all the time great value and kind thank youread more
Frances SJ Finch
Frances SJ Finch
10:04 28 Sep 21
I can’t quite put into words how brilliant these solicitors are, they provide a fantastic service and are very gentle... when discussing sensitive subjects. Michael has been so incredibly helpful and I would like to send him a massive thanks for everything he has done for me. The receptionist has always also been very polite, friendly and welcoming and I would also like to thank her for supplying a kind atmosphere whenever I have needed to contact the team.read more
Danny Owen
Danny Owen
14:12 09 Aug 21
Highly recommended, I had a claim against the police for an unlawful stop and search and false imprisonment which was... has been settled with compensation. I had to put very little effort in and I was kept continually up to date. Vivien Lee dealing with my case could not have been more polite professional and helpful. I won’t be using anyone other than HNK solicitors from now on.read more
Arome akubo
Arome akubo
20:34 04 Aug 21
These guys practically won me some cash from BA data breach case. They initiated it and executed it with utmost... professionalism without me breaking a sweat. I fully recommend them without any reservations.read more
Stephen Johnson
Stephen Johnson
19:02 02 Aug 21
Absolutely amazing helped me get a good result against merseyside police. very quick and professional definitely would... recommend them to anyone will use again ..thank you guysread more
Tuyet Olvestedt
Tuyet Olvestedt
10:06 14 Jul 21
Very attentive and thorough service.They communicate regularly and clearly via phone and email. Would absolutely... recommend them.Many thanksread more
Marie Louise Rothwell
Marie Louise Rothwell
10:51 05 Jul 21
I am very happy with the service I got they were ever so good at dealing with my matter and very polite. They were also... very helpful with giving me great advice I would definitely use their services again in the near future I am very happy with the outcome of my caseread more
Stephen Stratton
Stephen Stratton
10:09 28 Jun 21
Following repeated violations and data protections concerns by the police I was able to secure a settlement which I am... very happy with. Demi and her team were helpful, professional and informative throughout. I would highly recommend contacting HNK Solicitors for initial advice with any legal matters.read more
Sandra Williams
Sandra Williams
11:26 23 Jun 21
After a very Violated experience with the police, my solicitor Demi was there step by step, keeping me up to date with... everything. If I ever needed Higgs Newton Kenyon I again I wouldn't hesitate to contact them. Thank you.read more
Jason Patrick
Jason Patrick
19:46 10 May 21
I would highly recommend this firm. They have acted on my behalf twice now and have successfully won compensation for... both cases. They are a very professional team of solicitors with expansive knowledge of the law. If you want a good result with sound honest advice, then this firm is in my opinion one the best and not afraid to challenge injustice.Thank you,Yours sincerelyJason Patrickread more
Lauren Jade Dougan
Lauren Jade Dougan
12:47 20 Apr 21
This firm is absolutely amazing. I have been so pleased with how my case was handled and the solicitors kept me... informed every step of the way. I am also very pleased with the outcome. I would definitely recommend this firm to anybody.read more
frederick moore
frederick moore
20:07 08 Apr 21
Excellent company to deal with. Highly professional, responsive to client needs and very thorough. Would recommend.
Charmaine Galley
Charmaine Galley
14:11 07 Sep 20
I can't thank you all enough for the hard work you put into my case. I'm so very grateful xxx
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