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Tuesday, June 25, 2024

Franc loans. Class action lawsuit. Santander Consumer Bank. There is a court decision

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The court of first instance annulled the loan agreements of 55 franchise holders who filed a class action against Santander Consumer Bank, reports “Puls Biznesu” on Tuesday.

The newspaper emphasizes that the judgment of the District Court in Wrocław, which recognized the lawsuit as justified, is not final and an appeal may be filed by the bank as soon as the court prepares a justification in the case.

– The court established against the representative and all members of the group that their contractual relationships, i.e. credit agreements, do not exist – says Agnieszka Sobczyk, legal counsel from the K&L Legal Granat and Partners law firm, which conducted the case on behalf of the franchise holders.

— Santander Consumer Bank had no opportunity to know the motives and legal grounds that guided the court in making its decision. We asked for a written justification – only knowing all the facts will allow us to decide on the next legal steps – comments Magdalena Grzelak, spokesperson for Santander Consumer Bank.

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“Puls Biznesu” reports that the value of the dispute exceeds PLN 4 million, and the settlement came after 7.5 years of the case, because the lawsuit was filed in December 2015.

Group lawsuits with varying success

The daily notes that the institution of group actions has not brought a revolution in the Polish justice system due to the length of such proceedings. For example, as “PB” points out, the high-profile case of “mBank’s creditors”, where the bank was accused of abusing its powers when changing the interest rate on the loan, ended in the victory of the borrowers, but it lasted 10 years.

At the same time, in the case of franchise holders, it was not always successful. At the beginning of last year, 1,700 borrowers in the first instance lost to mBank, when the court decided that, in its opinion, the decision on converting exchange rates is not abusive.

A similar verdict was issued in 2022 in the case against Bank Millennium, where 2.3 thousand people went to court. borrowers.

Main photo source: Grand Warsaw/Shutterstock

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