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Complaint Handling Services

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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.

Alliance and Leicester fined £7 Million – 7th Oct 2008. Source: FSA.gov
HFC Bank fined over £1 Million – 16th Jan 2008. Source: FSA.gov
Liverpool Victoria fined £840,000 – 30th July 2008. Source: Times Online
Egg fined £721,000 – 10th Dec 2008. Source: BBC News
GE Capital Bank fined £610,000 – 30th Jan 2007. Source: FSA.gov
Loans.co.uk fined £455,000 – 26th Oct 2006. Source: FSA.gov
Capital One Bank fined £175,000 – 15th Feb 2007. Source: FSA.gov
 
Complaint Handling Services Ltd is Regulated by the Ministry of Justice in respect of regulated claims management activities. Our authorisation number is CRM23147 and
is recorded on the website www.claimsregulation.gov.uk