Bank used illegal clauses and stopped. But customer problems remain – GazetaPrawna.pl

A very large group of cases reported to the FK are those that apply to existing contracts illegal contractual provisions, in particular those relating to changes in interest rates, the so-called. indexation clauses with foreign currency loans, too general conditions of the contract changes, too general conditions of termination, dozabezpieczenia and bancassurance products and fees for out debt collection.

– After diagnosing these problems and irregularities initially wrote to banks with a request to eliminate abusive clauses in contracts concluded with consumers. The next step was to inform the President of the OCCP on the application of the provisions of the undertaking illegal – informs the Consumer Federation.

It turns out, however, that in most cases the OCCP evades the proceedings, invoking the statute of limitations practices infringing collective consumer interests resulting from art. 105 of the Act 16 February 2007. On competition and consumer protection.

– In our view, the limitation period should be calculated not from the date of conclusion of the contract with the consumer, but from the time when the contract was to be performed. Mortgage contract is still the most common long-term contracts. Therefore, failure to use the practice next to refrain from enforcement imposed by the entrepreneur of a contract should be modified to remove this condition from already concluded and to continue existing agreements – notes Consumer Federation.

From 17th April 2016 will take effect changes in the Act of 16 February 2007. On competition and consumer protection, this was extended limitation period for claims of illegal practices by businesses. Under the new rules, that deadline was extended to three years, but – unfortunately – still will be calculated according to the old rules.

According to FK quite serious and frequently reported issue is a change in patterns of contracts, eg. Regulations or tariffs of fees and commissions, governing the rights and obligations of consumers during the contract term, often to the disadvantage of the consumer. Another issue requiring action is also a lack of openness lenders to restructure or change the debt, which has a serious impact on consumers, especially those with payment problems.

Source: Consumer Federation

Prepared. TJ