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Banking Law

Our Firm will carefully assess and evaluate your case and will consult you whether you should file a pleading of defence against a claim put forward by the Bank or if out of court negotiations for an inclusive settlement would be deemed more appropriate according your case’s specifics and unique particulars. Our consultation and recommendation to you shall be based on various professional parameters via the provision of our Banking legal services which have become standard through our extensive experience and expertise in the field and can be summarized below as following:

Expertise

  • Strategic court proceedings in creating calculated delays to protect and safeguard your business and specifically your immovable assets from being forfeited and foresold at unfair-downgraded market prices via public auctions;
  • Assess the scale of the claim put forward by the Bank, the actual and pragmatical ability of the Bank to recover in full or in part its claim against you, measure your overall liability and exposure as a primary debtor or as a guarantor and estimate the legal costs involved for delivering optimum results;
  • Defending and counterclaiming for compensation in special damages on any amounts paid accruing out of illegal default interest rates and/or set-off such interests against your loan’s current outstanding balance;
  • Defending and counterclaiming any amounts paid in connection to illegal and non-contractual Bank charges;
  • Challenging via court proceedings any unfair contract terms which may be deemed oppressive, unilaterally opposed, intrusive and consequently null and void;
  • Striking out and counterclaiming on any acts and omissions perpetuated by the Bank in violation of the Bankers’ Code of Behavior vis a vis consumers;
  • In case of your loan being entered with the Bank is in a foreign exchange currency such as CHF, recover and/or set-off any undue payments stemming out of the currency’s denomination (‘haircut’) and counterclaim for reinstating the loan and/or be held liable only for the amount due as it shall be re-calculated on a retroactive basis at the foreign currency’s initial buying rate when you first entered the loan agreement instead of the currency’s current (denominated) selling rate;
  • Assess your current financial condition and ability to reinstate the loan as a performing one;
  • Subject to the previous parameter, escort you and/or represent you in meetings with the Bank’s representatives and act in our professional capacity as accredited mediators for commercial and civil disputes for negotiating new terms of payment, proceeding with a total loan reconstruction via resetting installment payments and/or offering additional collateralized securities to your existing or reconstructed mortgaged loan where applicable, obtaining grace periods and charged interests’ postponements, mitigating and reducing actual amount due (i.e accrued interest and Total Annual Imposed Interest Rate reduction ) and achieving an out of court settlement to avoid additional litigation costs and accrued default / marginal interest rates being continuously imposed on your non-performing loan;
  • Defend any court measures taken by the Bank post Judgement stage in enforcing its claim against you via the filing of various court enforcement proceedings, by either representing you in Court or by attending meetings with the Bank in reaching an out of court settlement to suit and safeguard your best interests;
  • Represent and defend you in Co-Op Banks’ Arbitration proceedings and Hearings;
  • Appeal such an Arbitration Judgement if found against you (whether it was issued by default i.e in your absence or if adjudicated on its merits) at the District Court, where appropriate;

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