Litigation in Banking Sector in Alessandria
In recent years, also because of the scandals that have struck various financial institutions, citizens have become more aware of their rights in relations with banks, insurance and intermediaries acting more and more often for the protection of their interests.
The same institutions have become more aggressive in their actions by activating executive actions, such as foreclosures and injunctions, or unilaterally revoking the often illegitimately granted credit lines.
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Banking law
Thanks to the experience gained over the years and the help of consultants and expert in the field, our Firm offers private individuals and companies’ advice in the management of disputes with banking and financial intermediaries regarding Mortgages, financing to the consumer and to the enterprises, credit and credit lines, leases, financial and investment instruments, derivatives, bonds, etc., obtaining successes throughout the national territory in defence of its customers.
With a preliminary and targeted analysis of the individual case, it is possible to defend their rights both in front of enforcement actions, both in advance in the extra-judicial and judicial proceedings obtaining a sharp reduction in the amounts due, safeguarding their movable and immovable property or, in some cases, obtaining the payment from the counterparty of what unduly requested.
Judical defence against seizures and injunctions
In many cases, financial institutions act aggressively on debtors’ assets with both movable and real estate foreclosures or with payment orders, most of the time, incorrect in amounts or for claims that have been prescribed.
In recent years this phenomenon has multiplied due also to the use of massive sales of credits through securitisation operations. It happens therefore that we receive foreclosures and injunctions from subjects and companies with which there has been no relationship and for alleged debts dating.
Thanks to the experience gained over the years, the Firm has achieved numerous successes in all national court in the defence of customers’ assets both during seizures and executions and during opposition to injunctive decree, with particular attention to the shares held by securitisation companies.
- Civil and Criminal Actions for the defence of property and property of customers.
If you want to know more about our services visit the page of Studio Legale Alessandria
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Advice and assistance on company, commercial law.
Correction and deletion of data from Credit Information Systems
Financial intermediaries often enter incorrect or retaliatory data and reports against their clients in violation of the stringent SIC rules.
We offer advice on the deletion of data from public credit information systems (SIC), such as the Centrale Rischi of the Banca d’Italia, as well as private systems such as CRIF and Cerved, in order to allow customers to freely access the credit market and avoid unfair prejudice, either through the use of extrajudicial instruments or by taking urgent legal action.
- Requests for copies of data in public and private credit information systems
- Requests for rectification and cancellation of data
- Urgent appeals in court for the correction and deletion of data both ordinary and precautionary ex Art. 700 c.p.c.
Preliminary analysis and econometric reports
Our Firm carries out preliminary analyses and econometric surveys on clients’ financial reports in collaboration with experts in the analysis of contracts and banking documents.
In banking litigation, it is fundamental to have the evidentiary support both in and out of court in order to dispute the charges made by financial institutions in violation of the law in order to evaluate the best strategy to obtain the restitution of the amount due.
In order to initiate any action, it is necessary to obtain all the documentation relating to the disputed relationship which, very often, intermediaries refuse to hand over. In this case, our firm promotes out-of-court and court actions to quickly obtain access to all documents held by the counterparty.
- Preliminary analysis of financial reports
- Certified econometric appraisals
- Requests for access to banking documentation pursuant to the T.U.B. and the GDPR
- Appeals for injunction to the delivery of documentation
Out-of-court and judicial preventive actions
Both private individuals and companies are increasingly aware of anomalies in the management of their financial relationships and of incorrect or excessive charges.
With the support of consultants and experts, our Firm offers the possibility to take preventive action against financial intermediaries in order to obtain the restitution of what has been unlawfully charged to clients with a strong reduction or zeroing of credits or with the payment by the institution.
- Out-of-court advice and negotiations for the definition of “settlement and waiver” of debt positions
- Civil and criminal judicial actions for the restitution of bank and financial debt
Banking Arbitrator
Before turning to the Judicial Authorities, also in order to contain the initial costs, it is possible to address one’s request to the Banking and Financial Ombudsman (ABF) which, in its function as a body for alternative dispute resolution (ADR), makes it possible to obtain an initial decision on one’s case in a short time.
This tool, even for large transactions, has undergone a considerable evolution in its use and in the quality of the measures issued.
- Appeal to the ABF throughout the national territory
- Judicial Appeal against the decisions of the ABF
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