In an era where artificial intelligence (AI) tools like ChatGPT are readily accessible and promise quick, cost-effective solutions to complex problems, it’s tempting to turn to them for legal advice. After all, why not generate a defence for your consumer credit case with just a few prompts? It seems efficient, innovative, and empowering. However, at Joanna Connolly Solicitors, we’re seeing a growing and concerning trend: an alarming number of clients approaching us after losing their cases due to AI-generated defences that ultimately fall short in court. There are also social media groups offering similar ‘standard’ defences, which may have similar origins.
Why AI-Generated Defences Often Fail
AI tools can produce text that appears polished, intricate, and even scholarly. They weave in legal jargon, cite statutes like the Consumer Credit Act 1974, and structure arguments in a way that might impress at first glance. But beneath the surface, these defences frequently lack the substance and coherence required for real-world litigation, particularly in consumer credit disputes.
One of the core issues is that AI doesn’t truly understand the nuances of your individual case. It generates responses based on patterns from vast datasets, but it can’t tailor advice to the specific facts, evidence, or legal precedents that apply uniquely to you. As a result, the defences commonly include irrelevant points, contradictory statements, or arguments that don’t align with established case law. What looks like a robust strategy on paper often unravels under scrutiny. The courts see many of these defences, which are invariably almost identical, often overly long and tend to consider them as ‘template’ based, rather than a concise properly tailored and focussed defence.
Even more critically, clients who rely on these AI-drafted defences struggle when it comes time to present them in a court hearing. Judges require you to articulate your position clearly and respond to questions intelligently. If your defence is a product of AI, you may find yourself unable to explain the reasoning behind it or clarify ambiguities. This not only weakens your case but can lead to outright dismissal. In our experience, clients often describe feeling overwhelmed and unprepared, turning what could have been a winnable dispute into a lost cause.
Patterns We’ve Observed in Recent Cases
In several matters we’ve handled, clients have come to us after relying on AI-generated defences with the following recurring outcomes:
- The defence document contained lengthy and apparently sophisticated arguments citing multiple sections of the Consumer Credit Act and various authorities. However, the points raised were often internally inconsistent, failed to properly engage with the creditor’s evidence, or relied on misapplied legal principles. When questioned by the judge at the hearing, the client was unable to explain or justify key elements of the defence, resulting in judgment being entered against them.
- In other instances, the AI-produced defence raised multiple technical and procedural issues that initially appeared comprehensive. Unfortunately, critical aspects—such as relevant time limits, evidence requirements, or the correct application of the law to the facts—were overlooked or incorrectly addressed. The client struggled to respond to the judge’s questions or clarify the position, leading to the claim against them succeeding.
- Across a number of similar cases, defences included numerous technical arguments that sounded persuasive on the page but were either outdated, irrelevant to the particular circumstances, or poorly connected to the evidence available. Clients found themselves unable to substantiate or elaborate on these points during the hearing, with the result that the defence collapsed under judicial scrutiny.
These patterns demonstrate a consistent issue: documents that look impressive in writing frequently fail when tested in the live, adversarial setting of a courtroom.
The High Cost of a Lost Case: Appeals and Beyond
The repercussions extend far beyond the initial hearing. Once a case is lost due to an incoherent or poorly defended position, appealing the decision becomes exceedingly difficult—and sometimes impossible. Appeals courts require clear errors in the original proceedings or misapplications of law, but if your defence was fundamentally flawed from the start, there’s little ground to stand on. This can result in lasting financial consequences, such as enforced debt repayments, damaged credit scores, additional court costs, County Court Judgments (CCJ’s) and mounting stress.
At Joanna Connolly Solicitors, we’ve assisted many clients in this predicament, helping them navigate the aftermath where possible—whether through enforcement challenges, negotiation, or exploring any remaining remedies. However, prevention is always better than cure. Relying on professional legal expertise from the outset ensures your defence is not only coherent and evidence-based but also something you can confidently own and explain.
Where an appeal is possible, the costs are always going to be higher and the chances of success lower than if we had been instructed from the outset. In fact, even when clients file their own defence but then come to us before the court hearing, the costs of defending them are generally higher due to the additional work and additional court fees required to amend defences etc.
Why Choose Professional Legal Support?
Consumer credit cases involve intricate regulations under laws like the Consumer Credit Act 1974, and they demand a deep understanding of both the legal framework and your personal circumstances. Our team at Joanna Connolly Solicitors specialises in these matters, with many years of experience and a track record of success in defending claims, statutory demands, and related disputes. We craft defences that are strategic, personalised, and courtroom-ready. We work closely with you to build a case with the best possible chance of success. Due to our lengthy experience and unrivalled track record, only about 1 in 10 of our cases require a court hearing, compared to the vast majority of cases managed by litigants themselves.
Don’t let the allure of AI lead you down a path of regret. If you’re facing a consumer credit dispute—whether it’s a County Court claim, enforcement action, or related issue—contact us today for expert, human-led advice.
Call us on 0330 053 9340 or email [email protected] to arrange a consultation. We’re here to provide the reliable guidance that AI simply can’t replicate.
Your financial future deserves professional protection—reach out before it’s too late.