David has experience in a number of banking and finance litigation issues including, advising clearing banks, building societies, and invoice discounters on all contentious matters relating to secured and unsecured recoveries; enforcements of guarantees, claims relating to the Consumer Credit Act 1974 and 2006.
David has a particular understanding of a client’s perspective as he has undertaken a part time secondment for a major clearing bank and is currently working in house for a leading Invoice Discounter.
Particular examples of his experience include:
- Advising on and representing a major clearing bank and a major supermarket finance department with reference to Consumer Credit Act issues, including locating/providing copies of credit agreements and their enforceability; validity of credit agreements with reference to form and content, whether executed/unexecuted; content, validity and effect of Default Notices; issues on the fairness of a relationship between customer and credit provider.
- Advising and representing clients on common defences arising out of secured and unsecured recovery actions, particular in relation to claims under a personal guarantee.
- Conducting volume defended debt recovery actions.
- Advising a major clearing bank on a cross-panel project concerning the conduct of a particular firm of solicitors and their cost building on defended debt recovery portfolio.