Lawyer - Consumer credit

Consumer credit provides easier access to everyday goods and services, but it also exposes borrowers and lenders alike to a wide range of risks. Complex contracts, interest rates, payment incidents, abusive approaches... Navigating this area requires heightened vigilance and a thorough understanding of the protective rules set out in the Consumer Code. Our firm assists individuals, entrepreneurs and guarantors at every stage: analysing contracts, challenging clauses, defending against disputes and restructuring debts.

Solent Avocats specialises in banking and consumer law, combining technical expertise with active listening. The firm's practice is based on a pragmatic vision of dispute resolution, a highly educational approach to explaining your rights and a practical defence of your interests, whether you are faced with a request for repayment, a disputed credit offer or over-indebtedness. Our team offers you recognised experience in consumer credit and a transparent approach to guarantee the security of your commitments.

The challenges of consumer credit for individuals

Consumer credit takes many forms: personal loans, revolving credit, instalment sales, or financing earmarked for a specific purchase. While it offers rapid access to funds, it comes with strict rules and numerous pitfalls for the unwary consumer. The main difficulties encountered relate to understanding the terms and conditions of the contract, identifying the rates charged (APR), the actual duration of the commitment, and the risk of excessive debt.

Borrowers sometimes discover unfavourable clauses, hidden charges or unclear repayment terms too late. Lenders, for their part, must ensure compliance with legal obligations, or face heavy penalties. The role of a lawyer is to secure every stage of the process, anticipate risks and, if necessary, react quickly in the event of an incident or dispute.

Consumer credit agreement: stages and points to watch out for

Before any loan is taken out, the law imposes a series of compulsory items of information: a preliminary offer, a standardised information sheet, details of the APR, repayment terms and conditions, and details of the right of withdrawal. The lender must also check the borrower's creditworthiness and draw their attention to the consequences of poorly managed credit.

The classic mistakes? Lack of information on the overall cost, confusion between different credit packages, underestimation of the risk of indebtedness. The slightest omission can render the contract null and void or result in forfeiture of the right to interest. Our job is to identify any loopholes, advise you before you sign the contract and take action if your rights have not been respected.

3 mistakes to avoid before signing a loan :

• Not comparing the real APR of the offers received

• Taking out a revolving credit without understanding the mechanism

• Neglecting the impact of a potential default on your assets

Managing incidents, disputes and complaints

A payment incident can quickly escalate into reminders, surcharges, registration on the FICP and even legal proceedings. Some borrowers are unaware that the law protects their rights: the lender must respect the procedure, give notice of incidents and sometimes seek amicable solutions. Legal action can also be taken to challenge an incorrect APR, an unfair clause or a claim for disproportionate interest.

In some cases, prescription or foreclosure prohibits any late action by the lender. Conversely, the borrower's rights may be extinguished if he delays taking action. In such cases, proof of the contract, the conformity of notifications and the legality of legal notices become essential levers for organising the borrower's defence or negotiating an exit.

Special cases: joint borrowing, couple, guarantor, family situation

When credit is taken out by two people (married couple, partners, cohabiting couples), the question of solidarity between borrowers and matrimonial property regimes takes on particular importance. If the borrowers are married or cohabiting, certain commitments may commit only the assets of each spouse if express consent is lacking. Guarantors must be given clear information and must not make disproportionate commitments.

The family situation can also have an impact on the debt collection procedure or on the management of over-indebtedness. Each case calls for an individual analysis, particularly when several co-borrowers or guarantors are involved.

Why choose Solent Avocats?

Solent Avocats offers a rigorous yet accessible approach to consumer credit litigation. Each case is examined individually, whether it involves an APR dispute, a payment incident, defending against a summons or negotiating refinancing.

Our method is based on a detailed analysis of each situation, the identification of favourable points of law and the search for the best strategy, avoiding unnecessary procedures. The support we provide is educational, taking the time to explain the possible choices and the consequences to be expected. The results achieved reflect the firm's commitment to quality, whether in securing a commitment or negotiating an out-of-court settlement.