Lawyer - Bank liability

We sometimes think of banking relationships as well-oiled machines. But nothing is ever quite straightforward. Between the banker's obligations, the rules of banking law and the unforeseen events of economic life, disputes arise where you least expect them. That's where choosing a banking lawyer makes all the difference.

Based in Marseille, in Provence, but just as active in Paris or on the international markets, Solent Avocats has been assisting individual clients, companies, professionals, businesses and partners in this constantly evolving sector for many years. Every day, our law firm is involved in cases where the banker's liability is at stake: badly structured mortgages, unsuitable guarantees, complex commercial leases, company transfers, misuse of fees, improper support, dubious management of means of payment, and a host of other transactions, some of them trivial, some of them far riskier.

Here, it's not perfection that counts, but practice. There are cases where a lack of information or a simple failure on the part of the bank upsets a customer's entire financial equilibrium. In other cases, a poorly put-together commercial transaction results in an excessive charge, a loss, and sometimes very serious consequences for the company or its partner. We know: every situation is different. Nothing is ever written in advance.

Our role? To defend our customers' interests tenaciously, but without illusions. Obtain compensation when banking regulations or contracts have not been respected. Build a solid negotiating strategy, or, if necessary, take legal action before the courts or the commercial court, in Paris, Provence or elsewhere.

Our team favours direct dialogue, the implementation of pragmatic solutions and support that avoids unnecessary jargon.

Banking law, commercial law, civil law, consumer law, business law: all these languages are spoken here. But above all, we know the customs. And the jurisprudence of the Cour de Cassation and the courts of first instance.

In doubt? Sometimes a simple chat can clear things up.

Situations in which the bank is liable: nothing is black and white

The banking sector encompasses an impressive number of contracts, products and services: consumer credit, mortgages, opening a bank account, setting up a mortgage or guarantee, commercial leases, international transactions, managing means of payment... The list goes on. Corporate clients, private individuals, professionals and businesses are sometimes faced with situations they had not anticipated.

We come across everything from a lack of communication, granting excessive credit, failure to comply with the duty to advise, abusive support for a business already in difficulty, error on the APR, payment dispute, abusive bank charges, non-existent warnings, lack of vigilance, etc.
In many cases, the bank has not complied with the obligations imposed by the applicable regulations - civil code, commercial code, criminal code, banking law, consumer law, banking and financial law, etc.
Each time, it's the day-to-day running of the account, the management of the business, or sometimes even the survival of the company or family assets that are at stake.

Banking litigation is vast. Property seizures, compulsory liquidation, debt recovery proceedings, asset disposals, the banker's role in the transaction, risk management: each case has its own rough edges. What is certain is that recourse against the bank is not based on theory, but on evidence, analysis of the contract, chronology, and the ability to hold the bank liable at the right time.

Unsuitable credit, excess or failure to warn: the domino effect

Some customers think they've got it all worked out. However, a loan contract granted without the slightest serious verification of the risk: that's how a case turns upside down.
Bank or credit institution: all are subject to a duty of warning, advice and vigilance. The total effective interest rate (TEG) must be clearly indicated. A poorly explained guarantee (deposit, mortgage, insurance) or a lack of information about the consequences of a commitment may render the bank liable.

Practice shows that there are many breaches of duty: lack of due diligence, concealed costs, failure to provide advice, excessive support, failure to put guarantees in place. Sometimes, communication is lacking at the key moment, or the customer discovers, belatedly, that his contract contained an unfair clause.
In this type of dispute, you need to know how to gather evidence: exchanges of letters, contracts, account statements, loan simulations, proof of income, proof of the absence of warnings or legal advice.

What's at stake? Defending consumers, as well as companies and partners, against professionals who sometimes give priority to day-to-day operations over vigilance.
Each recourse is considered on a case-by-case basis. Nothing is mechanical. An audit of the case is always necessary.

Breach of contract, abusive support and other fractures in everyday banking life

It cannot be said often enough: the termination of a bank loan is not just a "management decision". For a business or company, it can mean the end of operations, the opening of insolvency proceedings, or an immediate risk of liquidation.
Abusive support: we often hear this word without always understanding its meaning. A banker artificially keeping a company afloat may seem like a favour. In reality, it sometimes conceals a desire to protect one's own interests, even if it means causing harm to the other partners or creditors.

Lack of notice, late communication, sudden withdrawal of credit or overdraft authorisation: these are all causes that expose the bank to a civil liability action before the commercial or legal courts.

A word of advice: as soon as you receive your first notice, don't let anything drag on. Gather the documents, understand the reasons, consider negotiating and prepare your defence. The firm can intervene at this precise moment, as close as possible to the situation, to provide support, help and, if necessary, initiate the appropriate proceedings.

Note: disputes relating to the sale of businesses, the management of commercial leases or international transactions also come under the heading of banking litigation. In these cases, expertise in international law, public law and even family law is an asset. Regulations differ depending on the field, the nature of the contract and the type of transaction involved.

Why choose Solent Avocats (and why choice matters)

Not all law firms are the same. Expertise in banking law is not a badge, it's experience. Here, every case is treated seriously but without absolute certainty - because in this sector, uncertainty is the rule, not the exception.

Solent Avocats, a law firm with strong roots in Provence, Paris and beyond, handles all types of litigation: mortgages, commercial contracts, bank account operation, means of payment, market transactions, commercial leases, complex transactions, banking law disputes, debt management, debt recovery, defence against bank fraud, implementation of guarantees or banker liability actions.

Our approach? Concrete, educational and rigorous. Representing our clients before all the relevant courts, preparing negotiations or appeals against the bank, analysing the applicable regulations, spotting loopholes in the contract, obtaining a solution - or, if that's not possible, building an effective defence.

Representing clients in court, managing litigation, practising commercial law and banking law: none of this makes any sense unless the aim is to achieve a useful result for the client.

An appointment, a question, a doubt? Sometimes it all starts with a simple conversation. Nothing is too small or too complicated to be worth looking into.