Consumer Credit Dispute Solicitors

A credit agreement that is improperly executed, a lender pursuing a debt it cannot legally enforce, or a finance company that is jointly liable for a trader's breach — consumer credit law has specific rules that protect you.

Consumer credit disputes arise from unenforceable credit agreements, section 75 credit card claims, unfair relationship claims against lenders, disputes with lenders over default notices, and disputes over the conduct of secured lending. The Consumer Credit Act 1974 provides a detailed framework of formalities and protections — an agreement that does not comply with the Act may be unenforceable without a court order, and some agreements cannot be enforced at all. A solicitor will identify the specific statutory protection that applies and advise on the appropriate remedy.

Section 75 credit card claims Unenforceable credit agreements Unfair relationship claims Free initial consultation

Types of Consumer Credit Dispute

Consumer credit disputes — the statutory protections and how they work in practice.

The Consumer Credit Act 1974 creates a detailed set of protections for consumer borrowers. A solicitor will identify which protections apply to the specific agreement and advise on the appropriate challenge or claim.

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Section 75 — credit card company joint liability

Under section 75 of the Consumer Credit Act 1974, a credit card company is jointly and severally liable with the supplier for any misrepresentation or breach of contract where: the purchase is between £100 and £30,000; and the credit card is used to pay part or all of the purchase price. This means the card company is equally liable alongside the supplier — and the consumer can pursue the card company directly, without first pursuing the supplier. Section 75 applies even where only a deposit was paid by credit card. A solicitor will pursue the credit card company directly where the supplier is insolvent, unresponsive, or has refused the claim.

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Unenforceable credit agreements

A regulated credit agreement must be in a specific prescribed form — set out in the Consumer Credit (Agreements) Regulations. Agreements that do not contain all the prescribed terms (credit limit, interest rate, repayment terms) may be improperly executed and, as a result, unenforceable without a court order. Some categories of improperly executed agreement cannot be enforced at all, regardless of a court order. A solicitor will review the agreement against the prescribed form requirements and advise on whether enforcement can be challenged on the basis of improperly executed documentation.

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Unfair relationship — section 140A

Section 140A of the Consumer Credit Act 1974 gives the court a broad power to re-open credit agreements where the relationship between the creditor and debtor is unfair — because of the terms of the agreement, the way the creditor has exercised its rights, or anything else done by or on behalf of the creditor. Unfair relationships have been found where: lenders were paid secret commissions by credit brokers; PPI commissions were not disclosed; interest rates were set in a way that was not transparent; and high-cost credit was extended to borrowers who could not afford it. A solicitor will assess whether an unfair relationship claim applies and advise on the remedy — which can include reduction of the balance, refund of excessive charges, and rescission.

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Disputes with lenders over default notices

Before a creditor can terminate a regulated credit agreement — and pursue the full outstanding balance or repossess goods — it must serve a valid default notice in the prescribed form, giving the debtor at least 14 days to remedy the breach. A default notice that fails to state the correct amount required to remedy the breach, or that gives less than 14 days, is defective — and a creditor who terminates an agreement without a valid default notice commits repudiatory breach. A solicitor will review any default notice served and advise on whether it meets the statutory requirements — and whether the creditor's subsequent enforcement action can be challenged.

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Voluntary termination of hire purchase agreements

Under section 99 of the Consumer Credit Act 1974, a debtor under a hire purchase or conditional sale agreement has a statutory right to voluntarily terminate the agreement at any time before the final payment falls due — by returning the goods and paying the difference between the amount paid and 50% of the total amount payable. The creditor cannot impose any contractual penalty for voluntary termination, and cannot charge for damage beyond fair wear and tear. A solicitor will advise on the right to voluntary terminate, the correct amount payable, and will challenge any attempt by the creditor to charge penalties or excessive damage costs above the statutory entitlement.

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Disputes over credit file — incorrect default and adverse entries

An incorrect default on a credit file — recording a debt that is disputed, or recording a default where the correct notice was not served — causes real financial loss and can prevent the consumer from obtaining credit. The Information Commissioner's Office (ICO) and the credit reference agencies (Experian, Equifax, TransUnion) have processes for challenging incorrect entries. A solicitor will advise on the dispute process with the lender and the credit reference agency, and will pursue a claim for financial loss caused by an incorrect adverse credit entry — including under the UK GDPR for inaccurate personal data.

How It Works

Consumer credit law is technical — but the protections it provides are powerful. A solicitor who knows the statute can turn a defective agreement into a defence or a claim.

A solicitor will review the agreement and the creditor's conduct, identify the applicable statutory protection, and advise on the correct challenge — whether that is refusing enforcement, pursuing the credit card company, or bringing an unfair relationship claim.

Submit Your Request
1

Describe the credit agreement and the dispute

Tell us what type of credit agreement is involved, what the lender is doing, and what you want to challenge or claim.

2

Solicitor identifies the statutory protection

A consumer credit specialist reviews the agreement and the lender's conduct and identifies which statutory protection — section 75, improperly executed, voluntary termination, unfair relationship — applies.

3

Free initial consultation

You receive clear advice on your statutory rights and the realistic prospects of a challenge or claim — at no cost and no obligation.

Free Initial Consultation

Lenders rely on consumers not knowing the formalities the Consumer Credit Act requires them to follow. Where those formalities are not met — the agreement or its enforcement is challengeable.

Get specialist consumer credit advice — and find out whether the agreement, the default notice, or the enforcement action taken against you can be challenged.

Challenge My Credit Agreement

Common Questions

Consumer credit disputes — what people ask us.

My credit card company says section 75 does not apply because I paid by debit card. Is that right?

Yes — section 75 applies to credit cards, not debit cards or prepaid cards. However, Visa, Mastercard, and American Express operate voluntary chargeback schemes on debit cards — which provide a similar (though not identical) protection. Chargeback is not a statutory right, and the card issuer is not obliged to accept a chargeback in the same way it is obliged to honour a section 75 claim. A solicitor will advise on whether section 75 or chargeback applies, and if a chargeback has been refused, whether the card issuer's refusal is correct under the scheme rules.

I cannot get a copy of my original credit agreement from the lender. Can they still enforce it?

Under section 78 of the Consumer Credit Act 1974, you can request a copy of the executed agreement from the creditor at any time. If the creditor fails to provide a copy within 12 working days, the agreement becomes unenforceable for as long as the default continues. A solicitor will make the section 78 request and advise on the effect of non-compliance. This is a useful tool for understanding the terms of the agreement — and for challenging enforcement where the creditor cannot produce the original executed document.

A debt collector is pursuing me for a credit card debt that is very old. Do I still owe it?

Unsecured consumer credit debts become statute-barred under the Limitation Act 1980 after 6 years from the date the cause of action arose — typically the date the debt first fell into default, or the date the last payment was made (whichever is later). A statute-barred debt cannot be enforced in court — though the creditor can still request payment. A solicitor will advise on whether the debt is statute-barred, the effect of any payment or acknowledgment in writing since the default, and how to respond to the debt collection contact without restarting the limitation period.

The lender is threatening to repossess goods under a hire purchase agreement. What are my rights?

Under a regulated hire purchase agreement, once you have paid one third or more of the total amount payable, the goods become "protected goods" — the creditor cannot repossess them without a court order. Repossession of protected goods without a court order is unlawful, and where it occurs, the agreement is terminated and all amounts paid by the debtor under the agreement must be refunded in full. A solicitor will advise on whether the goods are protected, whether the repossession was lawful, and the remedies available where the creditor has acted without the required court order.

I want to voluntarily terminate my PCP agreement. How does that work?

A Personal Contract Purchase (PCP) agreement is a form of conditional sale agreement regulated by the Consumer Credit Act. The statutory right to voluntary terminate under section 99 applies — at any time before the final optional purchase payment (the balloon payment) falls due. The amount you owe on termination is 50% of the total amount payable (including the optional final payment) minus any amounts already paid. You must return the vehicle in reasonable condition (fair wear and tear excepted). The creditor cannot charge a penalty for voluntary termination — only the balance to 50% and any genuine excess damage costs. A solicitor will calculate the correct amount payable and challenge any attempt to charge more.

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