Heleena Gandham

Heleena has particular expertise in acting for bridging lenders and individuals in respect of possession claims for regulated and non-regulated lending. Heleena advises bridging lenders on their enforcement and recovery options. Heleena also has experience dealing with consumer credit matters particularly claims of unfair relationship against bridging lenders in breach of the Consumer Credit Act.

Additionally, Heleena acts for clients in matters involving contractual claims, commercial disputes, shareholder disputes, personal and corporate insolvency to include issuing and setting aside statutory demands, issuing winding up petitions as well as the appointment of receivers and administrators.

Heleena acts for both individuals and commercial clients and enjoys problem solving to find the best solution and achieving great results for her clients.

• Acting for a bridging lender in respect of a claim against it by a former borrower claiming that the terms of the original bridging loan were unfair under the Consumer Credit Act 1974 claiming damages against the client. The matter was successfully defended at trial and a costs order made in favour of the client.
• Acting for an individual Guarantor to defend possession proceedings issued by a Lender in respect of a third-party legal charge over the client’s residential property arising out of monies loaned to a company of which he was a director, and which went into Administration. The matter was successfully negotiated in the client’s favour before the final possession hearing.
• Acting for a client in respect of a claim for £200,000 pursuant to a Guarantee and Indemnity. Proceedings were issued against the clients but following a robust defence being filed and served the claim was struck out
• Acting for a bridging lender in relation to the enforcement of a second charge (non regulated lending) against a Borrower’s property which were defended by the Borrower on grounds that the default interest rate applied amounts to a penalty, alleging that the loan amounts to a regulated mortgage and a breach of the general prohibition or alternatively that there was an unfair relationship between the parties pursuant to s.140 of the Consumer credit Act 1974. The matter was determined at trial in favour of the bridging lender.