We confidently claim to have the most experienced and sector-focused national recoveries operation for ABL lenders. We pride ourselves on our quick responses to clients, our strategic and commercial advice, and our truly expert and in-depth knowledge of the sector.
We offer a “one stop shop” covering every single element of the collections and recoveries service that our ABL clients may require. This means that we can provide everything from standard portfolio management and collections work to large specialist multi-million pound injunctions.
The ABL recoveries 'complex/defended' team regularly advises clients in relation to fraud and injunctive relief in respect of high value vehicles/ assets and fleets of vehicles, and is recognised in the industry as specialist in this area.
We also routinely deal with title disputes, innocent purchaser claims, satisfactory quality disputes, liens, consumer credit issues, misrepresentation claims and enforceability issues arising from guarantee claims.
The asset finance recoveries team adopts a fiercely commercial approach to disputes and utilises the threat of litigation to secure cooperation and settlement of even the largest, most complex claims.
As one of the largest asset finance teams outside London, we are active members of the Finance and Leasing Association (FLA) and BVRLA, and regularly attend industry events and speak at conferences, ensuring we can always advise you on industry best practice.
Roger (Potgieter) is knowledgeable, professional, approachable, diligent and pragmatic … He has taken the time to understand my company’s structures, objectives, and business, and this knowledge and care is reflected in the work he undertakes for us, and the advice he delivers.
Recent experience includes:
- Successfully representing a specialist motor finance house to obtain an emergency, without notice injunction for immediate return of several multi-million pound supercars at risk of dissipation. Dealing with AML risks and liaising with the Metropolitan Police.
- Acting for a finance house in dealing with title disputes for 16 vehicles seized when the dealer went into administration.
- Acting for a retail bank in relation to wholesale funding fraud and potential exposure for over 200 vehicles. Co-ordinating a large scale investigation and project to limit exposure and risk.
- Acting for the Asset Finance division of a major Spanish bank in conducting extensive enquiries into a suspected fraud surrounding the client’s purchase of specialised industrial equipment.
- Acting for the Asset Finance division of a major UK bank as Defendant in a satisfactory quality dispute relating to a number of coaches which they had financed, having purchased them from a supplier (coach dealer) which had gone into Liquidation.
- Acting for a commercial trailer leasing business in a dispute with a lessee concerning 40 units under 4 separate long term rental agreements.
- Acting for the leasing division of a Dutch bank in relation to the insolvency of a commercial customer, and advising on the related recoveries strategy. Our client had title to 685 leased freight containers which, by their nature, were located at various ports and other premises around the world.
Asset based lending - disputes and recoveries is part of Shoosmiths’ wider litigation offering. If you would like help finding the right team or lawyer please contact us on +44 (0)3700 863 000 or contact us by email to [email protected].
