Banking disputes, disputed credit, fraud involving your means of payment
Your bank has granted you a mortgage or consumer credit without checking your ability to repay. The APR on your contract was wrong. No one warned you about the risk of excessive debt. You have been the victim of phishing, spoofing or bank card fraud, and the bank has refused to reimburse you on the grounds of negligence. Your account has been closed for no reason, or unjustified charges are piling up. A lawyer specialising in banking law can help you identify the breaches and take action.
The law protects customers far more than banks would have you believe. Bankers have specific obligations - to provide information, warnings, advice and vigilance - and if they fail to meet these obligations, they incur liability. In 2024, the Court of Cassation established a clear principle in relation to fraud: it is up to the bank to prove that the disputed transaction was authenticated and that it was not affected by a technical deficiency, even before it can invoke gross negligence on the part of the customer (Cass. com., 20 November 2024, no. 23-15.099). An error in the TEG may result in the nullity of the interest stipulation.
Our law firm handles
- Challenging loans and analysing contractual terms and conditions (TEG, TAEG, variable rate, borrower's insurance)
- Actions in bank liability for failure to provide warnings or advice
- Challenging unauthorised payment transactions and recovering fraudulently debited amounts
- Disputes relating to account management, bank charges and means of payment
- Defending bank guarantees incurred in connection with a disproportionate guarantee
- Banking mediation and out-of-court settlements before litigation
Breach of contract, financing, disputes between professionals
Your bank has withdrawn your overdraft authorisation or interrupted a line of credit on which your cash flow depends. It has artificially maintained credit facilities while your company was irremediably compromised. A commercial dispute has arisen between you and a factor or credit institution in connection with a trade transaction.’factoring ordiscount.
Breach of loan - Article L. 313-12 of the Monetary and Financial Code
A bank granting a loan for an indefinite period may reduce or terminate it only after giving written notice of 60 days. Failure to observe this notice period will render the company liable. Only seriously reprehensible behaviour on the part of the company or a situation that is irretrievably compromised can justify immediate termination.
Conversely, the abusive maintenance of loans to a company in difficulty may be punished, although Article L. 650-1 of the Commercial Code limits this liability to specific cases: fraud, blatant interference in the management of the debtor, or disproportionate guarantees. A banking lawyer can act as both defence and plaintiff in these commercial cases.
Our areas of expertise
- Challenging the wrongful termination of a bank loan (lack of notice, failure to give reasons)
- Defence against unfounded claims for early repayment
- Litigation relating to factoring and discounting transactions
- Liability action for abusive support in insolvency proceedings
- Negotiation of settlement protocols with banking institutions
- Payment orders and commercial debt recovery
Financial markets, complex products and regulation
You have taken out a structured finance product without measuring the risks involved. You have been sanctioned by the AMF. You are involved in a dispute with a banking intermediary or financial investment adviser. Financial law reinforces the obligations to provide advice and information on investment services.
The ACPR and the AMF constantly monitor the banking and financial sector. Breaches of the rules on marketing, transparency and compliance give rise to administrative sanctions and civil liability claims. In the event of a disagreement with an institution, mediation or arbitration may be an alternative to litigation.
Banking secrecy - Article L. 511-33 of the Monetary and Financial Code
All persons involved in the management or administration of a credit institution are bound by professional secrecy. This secrecy may be lifted in limited cases (by the judicial authorities, the ACPR or the tax authorities), and failure to respect this obligation will render the institution liable.
Our work
- Civil and commercial litigation relating to investment services
- Assistance with sanction proceedings before the ACPR and AMF
- D��fending clients harmed by unsuitable investment advice
- Helping professionals meet their regulatory and compliance obligations
- Disputes relating to banking secrecy, financial guarantees and the seizure of accounts
How we work
Banking law covers a wide field. From badly calibrated credit to payment fraud, Every banking dispute has its own rules, deadlines and pitfalls. A lawyer specialising in banking law must have a thorough understanding of consumer law, commercial law, securities law and enforcement procedures.
| Obligation | Content | Beneficiary | Sanction |
|---|---|---|---|
| Information | Provide information on the features of the banking product or service | All customers | Damages |
| Warning | Warning of the risk of excessive debt | Uninformed borrowers and guarantors | Loss of chance, reduction of claim |
| Council | Guide customers to the right contract for their profile | Variable (reinforced investment) | Damages |
| Vigilance | Detecting apparent anomalies in operations | The customer and third parties | Civil liability, ACPR sanctions |
The deadline for taking action is 5 years from the time the damage occurs (article 2224 of the Civil Code). In the case of the duty to warn, the starting point is set not at the date of the loan, but at the moment when the damage becomes apparent - often when the first payment is not made or the term is accelerated.
Our law firm, with its wealth of experience in banking and business law, takes a step-by-step approach: auditing the case, identifying the breaches, assessing the damage, then attempting to reach an amicable settlement before bringing proceedings, if necessary, before the court, the commercial court or the court of appeal.
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