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.
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:
Challenging the legality of any assigned loan agreement regulated by the Consumer Credit Act
Challenging the validity of Consumer Credit Agreements
Identifying any possible breaches of Financial Conduct rules
Analysing assignments of debt
How do I claim?
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
Step 4
The amount you can claim depends on your particular case, but it could range up to thousands of pounds. HNK can assess your case individually and advise you on what compensation you could be entitled to.
Case study
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.
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
We do all the work
We present a resolution
FAQ
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.
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.
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.
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.
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.
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
Let us know what you’re looking for and we will get back to you as soon as we can
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