After mBank, another bank demands fees from the borrowers in CHF for the use of capital. The Office of Competition and Consumer Protection checks whether the banking industry does not intimidate customers – reports Rzeczpospolita on Friday.
According to the unofficial information of the daily, PKO BP began sending requests for payment to franchisees, “demanding not only a return of capital in the event of cancellation by the court of the contract, but also a fee for the fact that the client could use it for several years”.
Calls for payment for the use of capital
According to Rzeczpospolita, the scale of this phenomenon is most likely not large, the summonses are sent mainly to some of PKO BP’s Swiss franc clients, who question the housing loan agreement in court and want it to be annulled.
“In some cases, the amount of the requested fee is large and may even exceed 60% of the value of the initial capital paid out to the borrower” – writes the daily. He adds that PKO BP did not respond to the matter until the end of this edition of “Rzeczpospolita”.
Settlements between PKO BP and franchise holders
The newspaper admits that from the beginning of October, this bank, as one of the few in Poland, gives borrowers the opportunity to conclude a settlement based on the KNF’s idea, but it has a lot of CHF cases in courts.
“There were 10.8 thousand of them at the end of September, which means that 11 percent of his contracts of this type are covered by lawsuits” – the daily indicates. He adds that in the case of part of the bank’s claim for the return of capital, if the contracts are canceled by the court, they may soon become time-barred and by demanding a fee, the bank is trying to stop the limitation period.
mBank calls on customers to pay
Earlier, mBank informed about sending requests for payment. He was to send out requests “for payment to certain borrowers who sued the bank over their Swiss franc loan.” As he explained, this is related to “court cases that are pending or in which the court has legally declared the contract invalid”. He added that “demands for payment and lawsuits apply only to those borrowers who have taken legal action against the bank.”
According to mBank, in cases where the judgment has not yet been issued, the summons are addressed to those borrowers who have filed lawsuits for the longest time. “In this way, the bank protects itself against the statute of limitations of the claim” – it was explained.
“Recently, there are more and more bank lawsuits against their clients for the use of capital. Some, such as Bank BPH, are suing borrowers before the verdict invalidating the loan agreement is issued,” says lawyer Jędrzej Jachira from Sobota Jachira representing franchisees. He adds that the purpose of such actions is to put pressure on other borrowers and deter them from going to court. In his opinion, these lawsuits carry a huge risk of failure.
Banks’ calls under the scrutiny of UOKiK
In the statement sent to the newspaper, UOKiK assesses that banks are not entitled to demand remuneration for providing the consumer with capital in the event of cancellation of the contract due to the use of prohibited clauses. Otherwise, the negative consequences of the provisions that the bank included in the contract would affect only the consumer, believes UOKiK, which analyzes the correspondence of banks with customers in this matter, and asked one of the lenders for clarifications.
“Depending on the result of the analysis of the information received, the President of the Office of Competition and Consumer Protection will decide on possible further actions,” the newspaper points out.
Remuneration for the use of capital. Decisions of the CJEU and the Supreme Court
The issue of whether the parties to the canceled Swiss franc agreement are entitled to remuneration for using the capital was to be considered by the Civil Chamber of the Supreme Court as one of the legal issues presented by the First President of the Supreme Court, Małgorzata Manowska, concerning matters relating to foreign currency loans. The Chamber has not yet resolved this matter.
Asking whether the parties to the contract are entitled to remuneration for the use of the capital in the event of the cancellation of the loan agreement, in mid-August the District Court for Warszawa-Śródmieście, which was examining a lawsuit regarding remuneration from the bank for using the client’s capital, decided to appeal to the CJEU.
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