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Banking disputes

Ideally, money borrowed from a financial institution is returned on time and the loan is closed. But sometimes, due to financial difficulties, unreliability of suppliers and other life circumstances, debts arise. They are overgrown with fines and penalties, the borrower has to give back the property recorded on bail, lose money.

An experienced lawyer helps you find a way out and resolve disputes with banks with the least loss for the client. For example:

  • Achieve the maximum delay in making payments;
  • take steps to keep the case out of court;
  • save the collateral from loss;
  • accompany the case if the bank has filed a lawsuit;
  • It help get rid of annoying collectors.

SION’s employees specialize in credit disputes and banking law. They advise individuals and legal entities if it is not possible to pay off a loan or mortgage, property is arrested, collectors are pestering. They provide practical assistance in pre-trial and judicial settlement.

Our banking lawyers have defended clients in financial disputes many times. Thanks to their help, the court refused banks and MFOs to satisfy the claims, borrowers were saved from paying unreasonable demands for interest and sanctions.

Consulting a banking lawyer on financial issues

Sometimes the borrower does not understand why his liabilities to the bank have grown so much. And he has no idea what can be done to get out of the current financial situation. After all, important conditions of bank agreements are often written in small print and elude attention.

Our legal advice on debts help resolve problems. We provide the following services. We:

  • advise on how to resolve disputes. We are negotiating on restructuring, postponements, credit holidays;
  • determine the legal and financial risks for the client;
  • resolve issues with property (mortgage, arrested, under the threat of arrest);
  • help to divide obligations between spouses in case of divorce.
  • advise on the terms of a future loan agreement (possible problems, overpayments).
  • analyze documents (signed and planned) for legality.
  • draw up a legal claim to invalidate the contract or to appeal the amount of obligations.

Consultation alone does not always help in solving credit problems. But it shows the right direction of movement. If you have questions about a mortgage or a loan for a company, please contact SION. Take the documents concluded with the lender for consultation.

Assistance in disputes with banks

There is a huge range of disputes related to financial institutions. Sometimes problem cases arise even if the person has not applied to the bank for money. A bank dispute lawyer helps resolve the situation, taking into account its type. And the types are as follows:

  • a loan secured by property (mortgage), auto;
  • unsecured consumer credit;
  • card card without concluding a loan agreement;
  • surety for another person.

There is a well-established judicial practice in these cases. For example, there is the concept of statute of limitations, after their expiration, the bank loses the right to apply for collection. Often, legal assistance to debtors who do not have money implies advice not to pay a penny, so that the statute of limitations will pass faster. These tips are not always helpful, the lender will not wait with folded hands for deadlines.

The guarantor under the contract is obliged to fulfill the obligations of the borrower if he fails. But there is a sustainable practice by which you can terminate the surety. If a loan is taken on the basis of lost documents, the amount of the debt may be collected from the owner of the latter. To protect yourself, contact a bank loan attorney. He will draw up a statement to the police about the loss of documents and advise on what steps to take in other situations.

Credit disputes with banks

Clients take money from financial organizations for business development, but it is not always possible to pay off obligations. It is difficult to argue with the bank on your own, because it has a whole staff of lawyers. But the debt situation will not necessarily be a losing one for the borrower. Our lawyers will help in disputes on credit matters.

The main reasons for controversial situations on loans:

  • challenging the terms of the contract;
  • increase in interest rates (prohibited without the consent of the borrower);
  • illegal commissions;
  • issues with pledged property (replacement, loss);
  • filing a claim for debt;
  • evasion by the client from cooperation with the bank due to debts;
  • transfer of the contract to the collectors.

One of the options for resolving situations with problem loans is pre-trial negotiations. Our lawyers act as intermediaries. If the agreement provides for points that are questionable from the point of view of legislation, the specialist makes a claim. If not, he will send a letter with a request to improve the conditions in connection with the difficult life circumstances of the client. SION employees participate in negotiations, to help to get more loyal conditions.

Legal advice on loan issues

Ideally, it is best to request it before concluding the contract. But more often borrowers seek help with loans when they already have debt. At the consultation, a specialist will advise on how to solve the problem with gentle methods. These include:

  • repurchase of a loan at a discount for its repayment;
  • repayment by the borrower at a discount;
  • restructuring (extension of the payment period, due to which the amount of payment is reduced);
  • cancellation of the notary’s executive inscription;
  • representation of interests in court.

Our employees advise on credit debt, recommend ways to reduce it based on real experience. We try to save the property of the mortgage and the guarantor, suggest a winning line of behavior, tell you about possible solutions. We advise by phone, online or in person.

Assistance in court for a loan

Lawsuits begin with the filing of borrowers or lenders. In the first case, careful preparation is carried out. In the second, even if the summons came unexpectedly, do not lose heart. We highly recommend attracting an experienced lawyer who will defend the legitimate client interests in the court of Ukraine. Even if the case is lost in the first instance or the property is seized, there is often an opportunity to rectify the situation.

We implement in practice help on such issues:

  • Preparation, execution and filing of a statement of claim; support during meetings, control over the implementation of the decision.
  • Development of a legal position, a plan of action and tactics of behavior in the trial.
  • Appealing decisions in the appeal and cassation instance.

After what amounts the financial organization can go to court, the law does not establish. In practice, for a mortgage or car loan, this is done after 3 months of delay. With credit card debt, banking organizations are guided by UAH 50 thousand. Except for Privatbank, which is trying to sue debts of UAH 20 thousand.

We have extensive litigation practice to protect clients’ interests in banking disputes. We carefully study the documents, initiate an examination, defend the interests of our clients. Most likely, you will not be able to write off the debt 100%. But it is possible to reduce it by 30% and even 50%.

Loan Attorney Cost

The services of a lawyer for SION loans will cost the following amounts:

  • Debt consultation – USD 100 / hour, initial consultation online or by phone – free of charge.
  • Mediation (mediation) during pre-trial settlement – USD 150-250 / hour.
  • Preparation of a statement of claim – from USD 300.
  • Participation in the court session – from USD 250.

One of the most effective ways of protection in the pre-trial resolution of a banking dispute is economic research. This is the opinion of a financial expert, which will become an argument when communicating with the bank, will help to reduce the interest rate or get other improvements. In the process of judicial review, it makes sense to order an economic examination. The cost of the research or examination is paid by the client.

Legal assistance on microloans

Microloans are issued for the amount of UAH 3-15 thousand. according to the passport and TIN. A microfinance organization (MFO) gives them at colossal interest rates (1-1.5% per day or 365-548% per year) for up to 30 days. The agreement may contain hidden commissions and penalties, due to which the overpayment in case of delay will be up to 1000% per annum.

If you do not want to pay off the loan with insane interest, contact a lawyer, it will be cheaper. With competent legal support for loans from an MFI, the law usually protects the borrower.

There are several options for resolving the problem in court, we use all of them. For example, We:

  • appeal against the loan agreement on the basis of Art. 230 of the Civil Code of Ukraine (CCU) as a fraudulent prisoner;
  • recognize the document as invalid under Art. 233 CCU as a prisoner on unfavorable terms under the influence of grave circumstances;
  • will appeal points that relate to commissions or sanctions;
  • If a microcredit is issued by a bank under an agreement for the issuance of a credit card, the document often does not specify essential credit conditions. Therefore, interest claims are often considered unfounded.

Our experts tell you in detail what can be done in a particular case. They develop a defense strategy, prepare documents for filing with the court. But first, they negotiate with an MFI or a bank in order to reduce debt, remove sanctions, etc.

Disputes with collectors

After the amount of the loan becomes gigantic due to late payment, the MFI often sells the debt to collectors. They start calling the borrower, demanding payment of debt, interest and penalties, threatening to take the case to court and impose a foreclosure on the property. The amounts are sky-high, and threats and constant calls are exhausting. The borrower begins to feel that there is no way out.

Do not delay until the situation gets out of control. Contact SION specialists! We know what to do with aggressive lenders and intrusive collectors that stress the borrower. At the consultation, we tell you how to behave. And then we draw up and send complaints to the police, the National Bank, the National Financial Services Commission and other authorities. We strongly recommend not to agree to a new loan to repay the old one.

Relationships with financial organizations sometimes turn into unforeseen directions. If you find out about a problem, do not let it take its course, it will not be solved on its own. If you need help, please briefly describe your situation and send us an email: info@sion.ua. Or contact by phone to arrange a consultation time.