Financial spokesman issued a ‘significant view’ ws. CHF mortgage loans – Puls Biznesu

The main axis of the dispute in the case in which a spokesman for Finance presented the court with an important view is the answer to the question: How exactly should be formulated clause modification, which defines the conditions for changing loan interest rate?

“The provisions of the Act – Banking Law or well-established case law of the Supreme Court in this matter clear. Terms of the agreement should clearly, objectively and unambiguously indicate the specific facts which the change is determined and when to follow. most importantly, these conditions must be verifiable by the court and the consumer . in other words, the borrower should be able to verify the business decisions of the bank, as to the compatibility of its activities with the approved by both parties contract. in our opinion, such a rule also stems from good manners, “said Bartosz Wyżykowski from the Office of the Commissioner for Finance, quoted in the release.

the case concerns two borrowers who unleashed against the bank claim for refund of overpaid interest on the loan. These resulted from variable interest rates on the loan. The problem is that the contract included a provision that allowed the bank to unilaterally change the interest rate. The terms of this change, however, were so imprecise and ambiguous that essentially provide the bank flexibility in terms of changing interest rates, and consequently, in determining the amount of interest due.

The view presented by the Financial Ombudsman is not alone. There are already court decision, the object of which were exactly the same contractual provisions. The judges recognized that such provisions are either absolutely unimportant or as abusive not bind borrowers. It is worth mentioning, that in the analyzed cases the courts have adopted a fixed interest rate loan in the amount specified on the contract. From the standpoint of customers, this means that the banks have them pay unfairly overpaid interest on the loan for the period in which the interest rate was higher than the contract date.

“We recognize the vital social issues in which there were borrowers who have with banks contract foreign currency loans or loans indexed or denominated in foreign currency. in this type of contracts we find numerous abusive clauses. not always, they are carried out in accordance with their terms. that is why many borrowers asserts his rights in court. We help them not only intervening with on behalf of the banks, but also by moving the so-called. important views on “- said spokesman Finance Alexander Wiktorow, quoted in the release.

She recalled that they contain arguments based on both the law and the line of judicial courts. Significant views presented, for example, in cases involving the so-called. ‘Policies with UFK “turn out to be an effective support for customers.

” Over 80% of this type of cases in which the Ombudsman issued an important opinion, is successful for the client. Spokesman Finance hopes that the same will be the case of customers with “credit francs” – says in the message.