The consumer has the right to obtain from the lender all necessary documents related to the concluded contract – said the Bochenek i Wspólnicy law firm, informing about the answer given by the Court of Justice of the European Union regarding consumer credit agreements.
As indicated by the Bochenek i Wspólnicy law firm, on Thursday, the Court of Justice of the Union of Justice answered the question asked by the District Court for the Capital City of Warsaw in Warsaw, 1st Civil Department, in the case with file reference number IC 1900/21.
Request for a contract with regulations from the lender
“The question asked by the said Court was to determine whether Article 16(1) of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on consumer credit agreements and repealing Council Directive 87/ 102/EEC (in the context of the principle of effectiveness of European Union law) should be interpreted in such a way that the consumer or the entrepreneur to whom the consumer has transferred his rights has the right to request the issuance of the contract together with the regulations from the lender, as well as all information regarding the repayment of the loan,” we read. in the information sent by the law firm. It specified that these are documents necessary to verify the amount of funds paid to the consumer for the refund of a proportional part of the total cost of the loan in connection with its early repayment, and which documents are necessary to bring an action for their refund. “In justifying the question asked, the District Court used a pro-consumer interpretation of the above-mentioned provision, emphasizing the consumer’s right to obtain from the lender, at any time, documents necessary to verify the amount of funds obtained or to possibly bring a lawsuit. In the opinion of the Court, the possibility of obtaining documents regarding loan repayment is related to is in line with the principle of effectiveness of European Union law,” it was noted.
As added, “the above position of the Court was approved by the judgment of the Tribunal. The CJEU confirmed that the consumer’s right is to obtain from the lender all necessary documents related to the concluded contract.”
“The position expressed by the Tribunal is favorable to borrowers”
The information indicates that the CJEU judgment “confirms the protection of consumers’ rights as the weaker parties to the contract.”
It was also stated that the judgment confirms the validity of the actions taken by consumers by asking the lender to issue documents on the basis of which the consumer can determine whether his rights have been violated and then, based on them, file a lawsuit to the competent court. “It should also not be forgotten that the CJEU in case C-383/19 dealt with the issue of proportional refund of credit costs in the event of early repayment. In the opinion of the Court, the consumer’s right to reduce the total cost of credit in the event of early repayment of the loan covers all costs that were imposed on the consumer. The position expressed by the Tribunal is favorable to borrowers and creates the basis for applying for a proportional refund of all costs charged by the bank when granting the loan in the event of its early repayment,” the press release said.
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