By Talk to a Lawyer · Published 19 September 2026 · 4 minute read
A banking or finance problem may concern a loan, guarantee, account restriction, payment, security or a transaction that was not authorised. The useful starting point is the product involved and the decision you want changed. Consumer complaints, business lending and complex financing transactions can require different experience, so explain whether you are borrowing personally, through a company or as a guarantor.
Read. Prepare. Find an office.
Use this guide to organise your questions, then confirm the provider’s experience, availability and first-stage fee.
Find banking & finance providers →Identify your position in the transaction
Name the lender, borrower and any guarantor separately. Bring the facility agreement, relevant statements and correspondence rather than just the balance you dispute. For a proposed loan, explain the asset being financed, repayment source and any security being requested. For an existing problem, distinguish an unaffordable repayment from a disagreement about what the lender did; the adviser may need different evidence for each.
Map the complaint and enforcement history
Record when you first complained, the reference number, the lender's response and any external complaint. Include default notices, demands and documents about security or court proceedings. Ask promptly which dates need action and whether a complaint affects any enforcement step; do not assume that lodging a complaint automatically pauses everything. AFCA handles eligible financial complaints, but its coverage and process need checking for your situation.
Define the first result you need
A borrower may need a response to a notice, while a business owner may need advice on covenants or a guarantee before signing. Ask for a staged scope: review the documents, explain options, then negotiate or represent you if agreed. Separate a legal fee from possible valuations, accounting work and costs connected with refinancing.
Use a transaction schedule for disputed payments
For an account or lending dispute, a simple schedule can make the first assessment more efficient. List each transaction or charge, its date, the amount, why it is disputed and the supporting record. Keep accepted transactions visible so the total reconciles with the statement. Where unauthorised activity is suspected, use the financial firm's official reporting channel promptly and retain its response. Ask the adviser to distinguish transaction recovery, complaint handling and any separate debt or security question rather than treating the whole account as one issue.
Compare the scope and cost of advice
Compare advisers against the commercial decision you need to make. Give each office the same transaction stage, documents and objective, then ask for a first-stage deliverable. A review, a negotiation and ongoing business advice are different services. Record which financial assumptions need your accountant's input and who will coordinate any specialist work before a commitment is made.
- Review and advice
- Ask for the issues identified, their practical effect and the decisions you must make. Confirm whether written advice or a marked-up document is included.
- Drafting and negotiation
- Ask who communicates with the other party, how revisions are priced and what happens if the deal changes materially during the work.
- Completion or implementation
- Confirm responsibility for approvals, signing, records and follow-up tasks. Ask which registrations, searches or external professional costs sit outside the legal fee.
Read the guide to consultation fees and written quotes, or use the provider comparison worksheet.
Illustrative situation · not a client result
What a focused enquiry looks like
A director receives a demand under a personal guarantee after the company misses repayments. Their enquiry includes both the company loan and the guarantee, identifies the notice date, and asks for advice on their personal position rather than assuming company advice covers them.
Your preparation checklist
Gather what you already have. Mark missing records and uncertain dates rather than guessing; ask the office what it needs before sending sensitive documents.
0 of 4 gathered · ticks reset when you leave this page.
A preparation aid, not confirmation that a legal requirement is complete.
A first enquiry you can adapt
My issue concerns [loan, account or guarantee] with [firm]. I received [notice or decision] on [date] and have already [complained or taken no step]. Can you assess the response options and quote for an initial review of the agreement and key records?
Replace the bracketed details with accurate information. Keep the first message brief and confirm a secure channel for the full records.
Common questions about banking & finance
Does every banking dispute go to AFCA?
Ask whether your product, complainant status and complaint fall within AFCA's current rules, and what steps to take with the financial firm first.
Can the borrower's lawyer also advise the guarantor?
Explain the separate interests and ask whether independent representation is needed before relying on the same adviser.
Further reading and scope
Australian Financial Complaints Authority
Australia; eligible complaints about financial firms. Check coverage for the product and complainant.
This is general preparation information, not an assessment of your legal position. Requirements, dates and available remedies depend on the facts and jurisdiction. The linked resource has the scope described above; it does not verify an individual provider or this guide.