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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.
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 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. 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 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.