Banking Cases
Banking lawsuits arise between banks and individuals or companies regarding different financial instruments. For example, disputes that arise between individuals and banks may be over credit cards, mortgage financing for personal units, and personal loans. On the flip side, companies have more various disputes with banks regarding corporate loans, overdrafts, guarantees for projects, and letters of credit in favor of the company. Such letters of credit may be given by the company to others or by others to the company. Said disputes may also be related to the financing of real estate projects such as construction, mortgage, financing, lease financing, etc. Those financial instruments vary according to the commercial activities carried out by companies.Due to the different financial instruments of individuals and companies, disputes arise over the calculation mechanisms as well as breach of contractual terms by either party. Banking disputes may also be attributed to non-payment, accumulation of interest, calculating compound interest, conditional fines and fines that were not included in the contract. A dispute may also arise if the bank solely changes the terms of the contract, credit and interest without this being clearly stipulated in the contract. All those aspects characterize the nature of disputes that arise with banks.
Mohamed Al Hajeri Advocates & Legal Consultants Law Firm represents many clients in banking and financial disputes. Those disputes eventually end with the appointment of a team of financial experts or a single expert. Financial experts shall conduct financial accounting operations for the bank’s rights according to each financial instrument. Said experts shall take into consideration the terms of the agreement related to the financial instrument and whether the bank has violated the agreement terms. In addition, those experts check if the bank has applied fines or interests that were not clearly stipulated in the agreement. The team of experts also considers cases of compound interest and whether they are legal in accordance with the terms of the contract. The expert also works to highlight all violations and damages before the court.
Often, Mohamed Al Hajeri Advocates & Legal Consultants Law Firm hires an independent expert who is experienced in banking disputes. This usually takes place before filing the lawsuit to determine the extent of its validity, the expected results, and the sums that have been calculated unlawfully. Yet, the Firm may hire the expert later after the issuance of the first expert’s report to prepare a technical report commenting on the first report. The consulting expert usually works in parallel with the judicial expert. Eventually, the results are compared and a comment is provided on the report to ensure quick access to the results. Then, the results are submitted to the court within the specified time for response. All this aims at ensuring that the client and the financial expert, if any, are able to review and audit the transactions.
Mohamed Al Hajeri Advocates & Legal Consultants Law Firm, in disputes of individuals, first seeks to reach a one-time financial settlement for all client’s debts. The reason for doing so is to avoid the litigation fees, and the expert and attorney’s fees in order to reach a settlement and protects the client’s interests. The Firm strives to avoid the mistakes that individuals make in such settlements. The purpose of doing so is to ensure that the agreement is binding and that the bank will not seek to claim the full amounts and entitlements. The bank usually aims to do so in case if the customer delays paying one installment or is late for several days for the payment of an installment. We also ensure reaching a fair settlement with terms that protect the client’s best interests. If the dispute develops to be before courts, we represent clients in litigation before courts. The Firm strives to obtain the client’s rights and to correctly calculate the amount that he owes the bank.
In corporate cases, Mohamed Al Hajeri Advocates & Legal Consultants Law Firm attempts to reach an amicable settlement and payment agreements. The Firm also provides legal guarantees,a statement of the client’s commercial rights with others, and the status and updates related to his\her lawsuit cases with the bank. We are also concerned with provisional attachments and financial seizures to help the client to come to an agreement with the bank. Indeed, we work to protect the client’s interests, so he\she will be able to continue their business activity. This aims at avoiding a legal dispute that would threaten the client’s financial position in front of other creditors and banks. However, if the dispute reaches the court, the Firm represents the client and protects his\her interests to reach an optimal result which is in favor of the client.