This is the second bank failure. This time the (almost) final. Previously, the district court found right client. Now the appeal filed by the bank dismissed the appeal court. The defendants are entitled to the opportunity to submit a cassation appeal to the Supreme Court.
– Sure they do, but in spite of everything is a process that may be important for many people who took a loan in Swiss francs – says attorney. Robert Gorski, who represented ex officio kredytobiorczynię.
Szczecin court dismissed an appeal by the bank, which called for recognition of enforcement of the feasibility of loan repayment with interest owed by one of the clients.
The Court of Appeal stated that the bank had no right to it and considered right of a woman who took a loan, then stopped to pay it back.
In the explanatory memorandum heard that the bank had no right to calculate the amount of interest according to their own tables, exchange rates, and he can not was to break the contract without prior notice.
one credit history
The case concerns szczecinianki who took in 2007. mBank credit in the amount of 131 thousand. francs (as at odds of 2.33 zł representing the amount of 306 thousand. zł). Three years later he ceased repayments. In 2013. He received the bank writ of execution, requesting the return of 449 thousand. zł (then it constituted the equivalent of 128.3 thousand. francs). The client stated that pay will not be – especially that amount to pay almost not changed, and converting for a buck, even increased.
In November last year, Szczecin district court refused to bank enforcement title. In the grounds of the judgment he showed that the mBank enumerated monthly repayments by its own exchange rate table. The court held that two points of the loan agreement contain illegal clauses and grossly strike in the interest of clients. It was a precedent, first sentence, unfavorable for the bank, recognizing that the agreements were using illegal clauses.
How the bank should expect interest?
A similar view was the court of appeal, finding records of contracts illegal.
– Returning to the exchange rate table mBank is contrary to the goods, customs and interests of their clients – read in the grounds of the judgment the judge Dorothy GAMRAT-cup was.
In Thursday’s judgment, the court rejected the appeal of the bank, which called for recognition of enforcement of the enforceable and required the bank to cover court costs.
– This is a matter of precedent. Maybe we find the motives that justify the cassation of the judgment – said shortly after the trial Bartosz Miaśkiewicz, representing the bank.
There are many indications that the bank will submit a cassation appeal to the Supreme Court. The Court of Appeal, like the earlier district court, did not indicate what should be the correct way of calculating interest on the loan. That court held only that that applied by mBank is wrong.
abusive – means allowed
Representing kredytobiorczynię mec. Mountain triumphed: – Court of First Instance abusive [unacceptable - ed.] has made the calculation of interest. This should be done by calculating the rate of the franc to gold on the contract – says Mountain.
Meanwhile, the bank wanted to charge interest at the exchange rate on the date of repayment, in addition resulting from its own, the banking table.
– It is certainly beneficial for frankowiczów judgment and disadvantageous for banks. Regardless of what happens now, can lead to subsequent processes in similar cases brought by customers against banks – says Mountain.
What next for credit that has not been repaid?
The court did not indicate neither how to calculate interest, or how to settle the outstanding loan.
– In the interest of the bank is now speaks with a client – says Mountain.
No comments:
Post a Comment