Before the commencement of court proceedings, we assess the chances of litigation and estimate the value of the claim based on data provided by the Client.
According to the judgment of the Court of Justice of the European Union of 3 October 2019 in the case ref. C-260/18, national courts may not, apart from the will of the parties, amend the terms and conditions of franchise credit agreements, including the gap in the credit agreement, arising after the elimination of unfair clauses, by general standards of common law. On the other hand, national courts may, in particular, consider that the so-called ‘franchised credit’ should, although further repayments should be made, but without an unlawful clause converting the credit instalment from francs into zlotys at the current exchange rate of those currencies. This means that in this situation, the capital of franc loans would be repaid in Polish zloty, from the capital of the zloty, but at an interest rate fixed on the currency of the Swiss franc.
An alternative solution is to cancel the credit agreement with such prohibited clauses, which should mean that in such a case the parties should settle in such a way that the borrower returns all what he received from the bank, i.e. the nominal amount in Polish zloty, while the bank is obliged to return all payments made by the borrower. If, of course, these claims, of the bank or borrower, are not time-barred. Since they are mutual at least in part, they can be compensated (deducted).
The above indications are exemplary. The process strategy must be determined on a case-by-case basis, taking into account the specificity, differentiation of a given loan agreement and the provisions applied in the contractual templates and regulations by a particular bank.
If you have an agreement for a credit facility indexed to CHF and you are interested in cooperation, please contact the Law Firm. Please indicate whether the agreement has been terminated by the bank, giving the phone number and attaching a scan of the agreement itself, the annexes and regulations (if you have received such).
This data is sufficient for a preliminary analysis of the case by our lawyers. The analysis of the credit agreement for the existence of prohibited contractual provisions in its content is free of charge.
Swiss Franc Loans – what we do:
- analyse contracts indexed to CHF (both indexed and denominated) for the existence of abusive (prohibited) clauses in their content; our lawyers are experienced in recognizing franchise loan agreements concluded in particular with: Kredyt Bank S.A., BZ WBK S.A., (currently Santander Bank Polska S.A.), PKO BP S.A., Nordea Bank S.A. (currently PKO BP S.A.), BRE BANK S.A., Multibank S.A. (currently mBank S.A.), Bank Millennium S.A., Getin Noble S.A., Noble Bank S.A. (currently Getin S.A.), EFG Eurobank Ergasias S.A. (successively Raiffeisen Bank Polska S.A., BGŻ BNP Paribas S.A.), ING Bank Śląski,
- conduc pre-court correspondence with the bank in an attempt to settle the dispute conciliatorily,
- analyse the possibilities of securing the claim, e.g. by withholding the obligation to pay the capital and interest instalments for the duration of the court proceedings,
- represent borrowers before courts of all instances,
- cooperate with specialists who determine the value of the overpayment, including the amount of money that the bank should return to the Client as a sanction for the use of abusive clauses, as well as determine the actual value of mutual claims of the borrower and the bank in case of cancellation of the loan agreement,
- conduct cases concerning the proper performance of the loan agreement by the bank and in which the loan agreement has been terminated,
- support borrowers in negotiations and proceedings with banks for loan restructuring,
- support borrowers in enforcement proceedings carried out at the request of the bank and anti-enforcement proceedings.
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