Unfair relationships
It is possible to challenge the liability of a credit agreement based on an unfair relationship between the client (as a consumer) and the lender.
A court may find there to be an ‘unfair relationship’ if the lender has mis-sold a customer a financial product for personal gain – eg, by deliberately misleading them.
The relationship with the abuser will not normally be considered where the court is ruling on an unfair relationship in relation to a credit agreement.
If the court decides that the relationship between the lender and the customer is unfair, they can alter the terms of the credit agreement, reduce the amount owed, make the lender refund any money paid or remove any obligation on the customer to repay.