What makes a term in a credit agreement unfair?

In short, a term you could not negotiate that creates a significant imbalance between your rights and the bank’s. Legea nr. 193/2000 sets out the criteria; the assessment is made case by case, on the actual contract, not on the type of product.

I have received a bailiff’s notice. Can anything still be done?

Usually yes, but the time limit for challenging it is short and runs from service of the document. That is why the first conversation is urgent: what can be done in the first week is often more than what can be done a month later.

Is it better to go to court or to negotiate with the bank?

It depends on what the contract shows and on your financial situation. We will tell you after reviewing the documents, with the costs and risks of each route. We do not start litigation merely because it is possible.

Banking & Finance

Dealings with financial institutions usually raise two kinds of problems: terms the client had no opportunity to negotiate, and enforcement proceedings started later. The first is visible at signing; the second is felt years afterwards, when the interest rate moves or a payment is missed once.

We assist individuals and companies in both, from reviewing the agreement to representation before the courts. Many matters close before reaching court, through renegotiation — an option we put on the table whenever it makes sense.

When the bank is after you, or the other way round

The bank has accelerated the loan and demands the whole amount at once
You have received a notice from a bailiff, or your account has been frozen
The interest rate rose under a clause you did not understand at signing
You are being charged fees that did not appear in the original offer
A company is negotiating financing and security has to be created
A loan has become impossible to service and you are seeking rescheduling

What we cover

Review of credit agreements and identification of potentially unfair terms
Banking litigation, including claims under Legea nr. 193/2000 (the Romanian statute on unfair contract terms)
Challenges to enforcement and applications to suspend enforcement proceedings
Negotiations with financial institutions on rescheduling and debt restructuring
Assistance in dealings with non-banking financial institutions
Advice to companies on taking financing and creating security

How we work

We start by reviewing the contractual documents and the payment history, which shows which routes are open and within what time limits. We tell you from the outset the risks and costs of each option, including where a negotiated solution is preferable to litigation.

If you have received an enforcement document, the first conversation is urgent: the time limits for challenging it are short and run from service of the document, not from the moment you read it. Do not wait for the correspondence to pile up.

What helps us start

The credit agreement, with every addendum
The repayment schedule and a statement of the payments made
Correspondence with the bank or with the debt collector
Anything received from the bailiff, with the envelope if you still have it

Questions about this service?

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