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Foyle Legal

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Independent Solicitors Certificates at Foyle Legal

Foyle Legal provides legal advice for guarantors and borrowers. This advice normally involves a one hour consultation where a solicitor will explains the effect of the loan documents to the borrower or guarantor. Borrowers and guarantors often come to Foyle Legal after the bank granting the loan tells them that they must obtain independent legal

Foyle Legal provides legal advice for guarantors and borrowers. This advice normally involves a one hour consultation where a solicitor will explains the effect of the loan documents to the borrower or guarantor. Borrowers and guarantors often come to Foyle Legal after the bank granting the loan tells them that they must obtain independent legal advice before the bank will agree to provide the loan.

Borrowers and guarantors think they know what they are getting themselves into and ask why the bank requires that the borrower or guarantor obtains independent legal advice. There are legal authorities to the effect that if a bank manager does not make due enquiries or the guarantor / borrower does not obtain independent legal advice then the loan or a guarantee associated with a loan may be void for undue influence or unconscionable conduct.

For example, in the early High Court case of Yerkey v Jones (1939) 63 CLR 649, which has been quoted with approval in subsequent cases, the court said that it would be unconscionable to enforce against a surety if:

  • in fact the surety did not understand the purport and effect of the transaction;
  • the transaction was voluntary (in the sense that the surety obtained no gain from the contract the performance of which was guaranteed);
  • the lender is to be taken to have understood that, as a wife, the surety may repose trust and confidence in her husband in matters of business and therefore to have understood that the husband may not fully and accurately explain the purport and effect of the transaction to his wife; and yet
  • the lender did not itself take steps to explain the transaction to the wife or find out that a stranger had explained it to her.

Foyle Legal would suggest that banks appear to have made a decision that prudent for risk management to require the borrower or guarantor to obtain independent legal advice rather than risking the possibility that a bank employee will not explain the consequences of the loan and/or guarantee in the required manner.

Foyle Legal prides itself on tailoring its advice on loans and guarantees the needs of the client. Foyle Legal is also sensitive to your time restraints and subject to availability may be able to see borrowers or guarantors outside of normal business hours or at your home.

Foyle Legal generally charges $300 for an independent solicitor’s certificate, though the cost may vary depending on the borrower’s or guarantor’s situation and whether advice in writing over and above the certificate is required. Foyle Legal can not provide borrowers or guarantors with financial advice. If this is required Foyle Legal recommends contacting a financial advisor or accountant.

Please note that the following information is provided as general information only. It is not a substitution for legal advice and should not be relied on without obtaining additional legal advice concerning your individual circumstances.

Should you have queries or wish to arrange an appointment contact Foyle Legal for an appointment on 0408727343.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

Cannot fault the work Foyle Legal do, detailed and precise. n10/10
Bobby Teeayer
Bobby Teeayer
2018-05-30T03:28:17+0000
Foyle Legal Help me to get the evidence that I need regarding my medical negligence claim. I am very happy with the service that has been provided to me in relation to my claim. And I have let other people know that they should use Foyle Legal Through Facebook.read more
Shirley Marshall
Shirley Marshall
2018-05-03T05:42:39+0000
Just received my settlement check in time for Christmas. I couldn't thank Christian enough for his assistance with my injury claim. There lots of factors made my claim difficult but Christian and Foyle Legal team dealt with professionalism and understanding. I am happy with my settlement outcome, and would definitely use them again for my future injury claims.read more
Anthony Daniels
Anthony Daniels
2017-12-21T08:56:31+0000
I was injured at work and had a workers Compensation claim. Foyle Legal Were very helpful and always got back to me about my queries in a relatively short period of time which I think you would not get in a larger firm. They advised me about the settlement of my case and help me to get the most out of itread more
Vijay Sourinathan
Vijay Sourinathan
2017-12-20T02:53:28+0000
I had a bad work injury to my knee and needed surgery. The insurer refuse to pay for the cost of my surgery and I had to go through WorkCover WA for an acceptance of liability to pay for the surgery. Foyle legal helped me to get the medical evidence that I needed to take the matter towards a finalisation of my claim.read more
Roxann Campbell
Roxann Campbell
2017-11-14T08:27:49+0000
I went to another lawfirm before I went to Foyle legal. At the other lawfirm I was treated like a number, but it won't legal they help to pay for my medical expenses to get the most out of my work is compensation claim and I answered all of my questions.read more
Daniela Colantropo
Daniela Colantropo
2017-10-23T02:32:55+0000
Adam Alexander
Adam Alexander
2017-10-04T07:36:47+0000
I had a workers compensation claim and the insurer wanted to fight me about whether I was entitled to weekly payments of compensation. Foyle Legal helped me to get medical evidence regarding my case, they were quick and very helpful and provided excellent service in relation to my personal injury claim.read more
Suman Thilak
Suman Thilak
2017-09-22T05:29:20+0000
Christian from Foyle Legal was very helpful given my lack of knowledge of the law in respect of workers compensation claims and I ended up with a better result than I ever expected.read more
Paul Beard
Paul Beard
2017-07-13T08:58:07+0000
Christian Foyle and Foyle Legal helped me a lot with my workers compensation claim and the doctors report they obtained was really helpful. If it was not for them i dont think I could have pushed my claim as hard.read more
Ajak Kuer Ajak
Ajak Kuer Ajak
2017-03-29T03:51:32+0000
I had a workers compensation claim which Foyle Legal helped me with. They helped me with the medical reports i needed and gave me emotional support and I am happy with the outcome.read more
Lucinda Hogan
Lucinda Hogan
2017-03-29T02:02:07+0000
Christian Foyle from Foyle Legal helped me out with my workers compensation claim a lot. He was very professional, polite and courteous and very approachable. I am happy with the way Foyle Legal handled my claim and I got a fair outcome. Christian is one of the nicest people in legal services I have ever met.read more
Theresa Southam
Theresa Southam
2017-02-23T03:03:41+0000
The service I received from Foyle Legal was second to none. Christian was well informed and quick to reply. Very happy how the case progressed and with the settlement I received. I would highly recommend Foyle Legal.read more
Brendan Arthur
Brendan Arthur
2016-12-20T00:56:43+0000