Agreements, Credit Repair & Regulatory Advice

Credit hire and credit repair disputes often begin long before litigation. The wording of the agreement, the way the customer was introduced, the representations made at sign-up and the regulatory structure of the business can all become important later.

I advise businesses and solicitors on credit hire and credit repair agreements, enforceability and related claims management and consumer credit issues.

Drafting and reviewing agreements

I draft and review credit hire and credit repair agreements and related documentation. The aim is not simply to produce a document which reads well. The agreement needs to reflect the intended commercial arrangement clearly and withstand scrutiny if its enforceability is later challenged.

I can advise on:

• New agreements and revisions to existing agreements;
• The allocation of payment obligations and risk;
• Customer-facing wording and contractual transparency;
• Cancellation, termination and related provisions;
• Representations made during the sign-up process;
• The interaction between the written agreement and the way the product is actually sold or administered;
• Potential enforceability arguments likely to arise in subsequent litigation.

Enforceability

Enforceability has been part of credit hire litigation for decades. The precise arguments have changed over time, but the underlying problem remains important: if the customer’s liability under the agreement is challenged, that may affect the damages claim built upon it.

I advise both prospectively, when documentation is being designed or revised, and retrospectively when an agreement is already under challenge.

Claims management regulation

Some business models and activities in this market may engage claims management regulation. The correct analysis depends on what the business actually does, the sector in which the activity takes place and the permissions or exemptions which may apply.

I advise on regulatory-perimeter questions and on the legal implications of proposed claims-management arrangements. Where a matter requires specialist regulatory implementation or ongoing compliance functions beyond counsel’s role, that should be identified separately.

Consumer credit issues

Credit hire and credit repair arrangements may also raise questions under consumer credit legislation and related regulatory rules. The answer depends on the structure of the particular transaction rather than the label attached to it.

I advise on those issues where they arise in the design, operation or enforcement of an agreement, and particularly where they overlap with litigation risk.

Advice before launch or revision

The most useful time to identify a contractual or regulatory problem is often before the document or scheme is put into use.

I can review proposed structures and documentation, identify areas which may create later enforceability or litigation risk, and advise on changes before launch or revision.

Disputes about existing agreements

Where an agreement is already being challenged, I advise on the pleaded or anticipated arguments, the evidence needed to answer them and the consequences for the underlying credit hire or credit repair claim.

What to send

For agreement or regulatory advice, it is usually helpful to send:

• The current or proposed agreement;
• Any terms and conditions, customer notices and cancellation documents;
• The customer journey or sign-up process;
• Relevant scripts, online wording or marketing material;
• Referral or introduction agreements where relevant;
• A short description of what the business actually does in practice;
• Any existing regulatory permissions or advice relied upon;
• The particular question on which advice is required.