We have a variety of experience in retail finance disputes including leading roles in some of the most serious litigation facing the retail finance industry. Our capabilities extend to disputes concerning retail financial products, customer disputes, Consumer Credit Act claims, dealings with regulators, judicial review of regulators, and general commercial. We specialise in the types of retail litigation facing all major retail banks.
We are equally at home with hard-fought litigation as with more conciliatory methods of dispute resolution such as mediation or negotiation. Our ability to pick the right strategy is a strength remarked on by our clients: “they were able to synthesise and harmonise an intelligent and coherent strategy to achieve the goals we had set ourselves". “They showed considerable tactical nous throughout”.
Current accounts/bank accounts
Our team has a strong record in this area, playing a significant role in the successful Bank Charges litigation in the House of Lords, as well as the continuing satellite work at County Court, Financial Ombudsman and complaints handling levels. We also have a wealth of experience dealing with other current account litigation, including claims for breach of mandate, and challenges to standard terms and conditions.
Our expertise in this area includes strategic advice on managing mass complaints and claims brought by claims management companies, as well as advising our clients on the broad range of regulatory requirements and CCA 1974 obligations.
We are experienced in acting for retail banks in connection with complex mortgage frauds. Our experience includes litigation against valuers and borrowers.
Mortgage and security enforcement
We are experienced in litigation involving mortgages and other bank securities.
We have the experience and expertise to advise you in connection with: your strategy in responding to FOS where a single product is leading to a large number of referred complaints; individual complaints by customers; products where risk ratings have been challenged by FOS; and the extent of the FOS jurisdiction and how, if at all, it can be challenged.
We have extensive experience dealing with complaints from high net worth clients in connection with various structured products.
Retail insurance products
We have been at the forefront of litigation in relation to payment protection insurance and undeclared commission payments.
Our expertise in this area includes the conduct of disciplinary proceedings, internal investigations where we report on suspected irregularities and on regulatory investigations where we can advise and assist you on response strategies.
Crime, fraud & investigations
We advise on criminal investigations and provide representation in proceedings in all criminal courts (including trials and extradition applications), covering areas such as market abuse, insider dealing, money laundering, fraud and corruption. We can also assist you in developing anti-corruption compliance policies and work with you to deliver training to your employees.
We offer internal training, designed to provide cutting edge know how and insights into key market issues, to count for continuing professional education purposes, reduce your external training costs and support compliance and risk management programmes. Examples of topics on offer (which can be further tailored to your needs) include:
- The impact of the Bribery Act 2010 on financial institutions
- Privilege around complaints
- Mutual legal assistance requests
- Consumer finance regulation
- Mortgage fraud
- Abuse of dominance: antitrust exposure.