Litigation
for Lenders

Do you need help enforcing your loan?

For any lender, defaults are inevitable - however the enforcement process can cause a whole range of obstacles to emerge

A borrower looking to avoid payment will be going over the loan agreement with a fine-tooth comb, and has a range of tools at their disposal including claims of unconscionable conduct or usurious interest rates - not to mention insolvency proceedings such as voluntary administration or bankruptcy. Sometimes it can be challenging to identify or locate assets, or even the borrower themselves. A strategic approach is essential.

Why use AB?

Our clients in this area range from sole traders through to ASX 20 companies, and we take care to tailor our approach to the size and circumstances of every client. Our core value proposition is that we offer top-tier expertise combined with the commerciality of a start-up, all wrapped up in our human-centred approach.

Technical knowledge is a given in this area, however the human issues are often over-looked. More than in most areas, people issues are absolutely central to disputes management and represent an entire spectrum of factors that can have very little to do with the merits of a case. They can provide opportunities for leverage as well as unique avenues towards resolution. When they are managed well, it can lead to exceptional outcomes that would not have seemed possible when assessing the matter on paper.

We also have an ingrained understanding that disputes of all kinds are usually unpleasant and stressful. While you can never remove those feelings entirely, we do believe that they can be mitigated through a clear strategy and honest communication.

What could it cost?

Given the range of circumstances that can exist in any given dispute, it’s impossible to provide any concrete guidance around numbers without assessing the situation. However, we also acknowledge that for any client with a dispute, costs will be a key concern, which makes it a key concern for us.

At AB, our experience has taught us some valuable lessons around how to approach litigation costs from a strategic perspective, and you can read more about that here if interested.

We genuinely believe that we differentiate ourselves from many competitors in this space by one simple fact - we don’t want to spend any more of your money than we have to. AB are seeking to form long-term trusted relationships with their clients, and if at any given point we think that settlement is your best option (and it often is), that is exactly what we will tell you.

Finally, we are also open to discussing flexible pricing structures including a conditional costs model, third-party funding arrangements, or instalment-based invoicing. We are very commercial around these areas, and there are often options available that you may not have been aware of.

Next Steps?

If you’d like to discuss further, please just send us an email using the button below. We are happy to have a free 30-minute chat with you without any further obligation.