In collaboration with: Studio Avv. Carlo Capone
Current accounts, mortgages, loans: when the bank makes demands, it is fair to ask why.
Banking and financial litigation
Legal assistance for individuals, professionals and businesses in banking and financial disputes.
From contract review to defence in court.
What appears to be owed is not always actually lawful
When a banking or financial dispute arises
In dealings with banks, financial intermediaries and collection companies, the information gap is often profound.
Obscure clauses, non-transparent financial terms, abusive practices and complex contracts can give rise to unfair or disproportionate claims.
The Firm assists those who wish to:
Review of mortgage, loan or leasing contracts
Analysis of financial and legal terms: interest rates, amortisation schedules, fees, penalties, vagueness of the conditions.
Challenging usurious or compound interest
Checking whether the usury thresholds have been exceeded, unlawful capitalisation, breach of banking transparency rules and incorrect calculation of the debt.
Defending against payment injunctions
Opposing demands based on wrong balances, unilateral calculations, unsigned statements or unverifiable amounts.
Recovering sums unduly paid
Recovery of interest, fees and charges not due, nullity of unfair terms, sham arrangements disguised as regular agreements.
Reports to the Central Credit Register and credit bureaus
Removal or challenge of adverse entries, and of reports sent late or not in line with the rules.
Analysis of the intermediary’s conduct
Assessment of compliance with the duties of transparency, fairness, loyalty and diligence that apply to banking and financial contracts.
Against large institutions you need method, not improvisation.
You can request a technical consultation on your banking relationship.
The documents will be analysed from a legal and accounting perspective to understand whether there are defects, grounds for liability or scope for defensive action.
Technical litigation requires document analysis
Each position is analysed starting from the documents available:
contract, bank statements, amortisation schedule, correspondence.
The approach involves:
I.
checking for contractual defects or financial wrongdoing
II.
preparing an expert report with the support of a financial and accounting expert
III.
handling the out-of-court phase (formal notices, negotiations)
IV.
preparing the defence or the court action
V.
Recovering the sums unlawfully paid
You can request a technical consultation on your banking relationship
To receive assistance with banking disputes, you can book a consultation.
Online or in the office, the appointment makes it possible to analyse the documents and assess together whether there are grounds for action.
Question: Can I challenge the interest on a loan or mortgage? Answer: Yes, where the conditions are met: usurious rates, interest not agreed in writing or stated vaguely, an incorrect APR, unlawful capitalisation of interest, fees and insurance not due. The Firm examines the contract and the history of the relationship, with a technical expert if necessary, before advising any action. Question: I have received a payment injunction from a bank. Can I defend myself? Answer: Yes. An opposition can be filed within 40 days if the claim is unfounded or the documents are inadequate. The Firm analyses the papers and, if there are valid grounds, prepares the opposition. Question: The bank has frozen my account: can I challenge it? Answer: It depends on the reason for the freeze. If it is an enforcement measure (e.g. a garnishment), the lawfulness of the measure can be checked and, where the conditions are met, formal defects, excesses or procedural errors can be raised. In other cases, such as a freeze for anti-money laundering reasons or irregularities, targeted and timely technical action is needed. Question: I signed a contract with the bank without understanding all the clauses: can I challenge it? Answer: If the bank did not provide the information required by the transparency rules, or if the contract contains unfair, disproportionate or non-negotiated terms, partial nullity or the intermediary’s liability can be assessed. Each position is analysed on the basis of the contract and of the information documents signed or omitted.
