At the same time SBB does not lose hope for a compromise around the foreign currency loans and calls, as part of a goodwill gesture banks year halted executions per share of assets of the borrowers, which solved agreement – adds Szcześniak.
PAP: What is the environment frankowiczów on tackling mortgage? What do you expect from the banks and from the legislature?
Arkadiusz Szcześniak: From banks not much. Since the legislature certainly did not expect what is now, that the law on spreads. We want a comprehensive solution to the problem, that is, “odwalutowania” loans – their alignment to what that all customers paid, as if from the beginning he took credit denominated. In this currency loans were paid and just about the treatment of the loan in accordance with the Banking Law. Such a project we made in the Office of the President last year, but did not gain support. Now, a similar project is submitted to the Sejm by the club Kukiz’15.
PAP: The Polish Bank Association says that many borrowers of foreign currency is still a better situation than the zloty. This project would have sanctioned?
A.Ş .: This project equates loans “currency” with złotówkowymi. If the amount paid to date, the cost would be higher or lower a newly established balance of the loan would be appropriately reduced or increased by the difference. I never wanted to do what we are telling banks to be better than other borrowers, mainly Złotowo. However, those who took loans “currency” since 2008 certainly today have higher costs than those with a PLN. And with each passing month the situation of our environment is getting worse.
PAP: Why banks do not want to agree to the exchange for PLN loans?
AS: Probably due to the need to take into account one-off in the balance sheets (cost of conversion – PAP). But we are willing to agree on the distribution of the element purely accountant for years. There are legal options. No only, as you can see, the political will.
PAP: What arena could be a cost for the banks?
AS: If it did unfold for years, annual revenues of banks could be lower by 1.5 to 2 billion zł. Currently, annual revenues ranging between 8-10 billion PLN.
PAP: For how many years?
A.Ş .: About twenty. This would give a total of about 34 billion zł. But we are talking only about the planned decrease banks’ profits. Shareholders seven banks, because only the affected francs, they will have less influence than he had planned. And what will be in the pocket of the customer will go into the economy, or to any of its participants.
PAP But supervisory procedures can cause these banks are in trouble. And with them they collected in their deposits.
A.Ş .: Shareholders will just have to recapitalize these banks. Accounting increase capital. They knew that the fall in illegal business. Anyway, to our knowledge, the problem is only in two of those banks – Getin Bank and Millennium. Others will cope. No one will lose nothing. And ultimately shares in these banks can take over the treasury.
PAP: Why the Association “Stop Banking lawlessness”, which you represent, is contrary to Presidential bill guaranteeing the return spread? It’s may be a step forward.
A.Ş .: If it would return all spreads, then it could actually be the first step. But this is only part of the return spreads. Firstly, there is a limit of 350 thousand. zł the amount of the loan, on the other hand are allowed spreads to 0.5 percent. of course buying and selling, although the justification is mentioned that all the spreads were illegal. Thirdly, are counted differently spreads with loans denominated and indexed. This means that holders of loans denominated get much less.
PAP: President of the Union of Polish Banks Krzysztof Pietraszkiewicz proposes that returned spreads were unified, because the banks will be difficult to calculate them each client.
aS: If it is so, it means that the banks do not know the history of loan repayment. If you are not able to calculate how much was collected spreads, it may have doubts whether he is correct repayment schedules. Another thing is that the banks in any way naliczały spreads itself, according to its own exchange rate tables, the least favorable to the client. And it is through this freedom clauses (dot. Spread – PAP) are already several courts judgments, deemed illegal and de facto not binding on the consumer.
PAP: It may be better not push at all no law only leave the problem loans frankowych courts?
AS: If you were to enter the residual law on the return of spreads, which suggests the president is indeed better that in general it was not. Because it may cause confusion in the courts. Besides, we never upieraliśmy at the return spreads. We want all the credit was compared to a PLN loan. Then in general there is no spreads, but compared to all the costs.
PAP: Why the president does not want to decide this?
A.Ş .: This is a question to the President. Because earlier he walked in the right direction, and suddenly there was a sharp retreat. Hence perhaps the pride of Mr. President of the PBA Pietraszkiewicz in an interview with the state, waiting that the Act on spreads closes all claims.
PAP: Together with supervised by the Financial Stability restructuring loans …
aS: But, as we understand, this would mean that the courts also cease to deal with it. Besides, you Pietraszkiewicz complain that law firms are beginning to war with the banks. We believe that customers exercise their rights in the fight with the banks only heals the situation. Perhaps you Pietraszkiewicz want to scare customers not to go to the courts and do not enjoy their rights. This is a call not only bold as totally devoid of legal basis and shows the fear of customer demands to be respected law ..
PAP: Among other things, Polish Bank Association says that loans francs are well off people, and they are well paid …
A.Ş .: It’s a myth. Even KNF in their reports showed that the majority of the holders of these loans osiągało average income. Many people have taken just such loans because they could not afford the higher payments zloty loans. They had a low credit score. We have dozens of witnesses who tell the same story about a conversation with a representative of the bank: “We can not afford your loan denominated, you will get credit for the poor francs.” It is a myth, too, that the loans are repaid well. Well paid are those that are overdue for over 90 days. But most can be resolved just before the 90 day or a few days after. And now terminated agreement, banks do not count for this statistic. As a result of these statistics, according to reports Credit Information Bureau, fell by four years 130,000 borrowers.
PAP: But the basic objection to all these actions of the state of the environment is such that it is interference in the signed agreement. Meanwhile, it was signed by the borrower, perhaps made a mistake, but they must bear the consequences – such is the widespread belief.
AS: What if someone sign an agreement that every Monday he will cut one limb would be effective?
PAP: No, because it would be illegal.
AS: exactly. And the courts consider these agreements to be illegal, but unfortunately it takes a lot of time. Court of Competition and Consumer Protection (finally in 2011). Found many of the provisions of the agreements as unfair and therefore unenforceable client from the moment of signing the contract.
PAP: Why the Association “Stop Banking lawlessness” calls to frankowiczów non-payment of loan installments?
A. S .: The action “Zero tribute” is not about calling for non-payment of installments. It is primarily legal assistance and information, how to defend against the bank. We want to provide legal assistance to people who eg. No longer pay. They may have spoken agreement, they may have bailiff auctions – we we tell them how to use legal tools to hold back anything. Such people, who want to get legal aid collected several hundred. We mobilize them to not surrendered without a fight. Because banks eg. On the termination of contracts used by a lot – bid taken from the apartment, and sell the debt to a debt collection company and all they earn. Meanwhile, the use of legal instruments often succeeds the borrower, because the majority of credit agreements is defective and the courts to admit it. Because banks do not already have “mace” in the form of a bank enforcement title (BTE), the customers are in a much better position legally. The more that the court fee is only 1000 zł, and the bank has a client in normal mode sue. And the bank must prove that the client has actually debt.
PAP: Is it possible a compromise on this issue?
AS: If banks have agreed to such. to suspend for a year the execution of those who have been exposed BTE in during the year, we could peacefully work out a solution that would allow for an agreement. But the banks, there is no willingness to compromise. We even have the impression that the action of terminating agreements and auction actually increased.
PAP: This is what will be the development of events?
A.Ş .: There are two projects submitted in the parliament, presidential and club Kukiz’15. According to our information, that the club PiS is working on another project. Besides, we are really talking about a few banks. We want to realize the bankers, shareholders and customers that crash the entire system may be due to the defense of a few banks that have the most such loans. That is why we want to encourage people to withdraw deposits from these banks, and moved to the other. We will create the same list of “toxic bank” and will argue that people with “poisonous” moved the money is not poisonous and those little poisonous, they decide to solve the problem. These healthy or less poisonous may yet come to the conclusion that they do not want to go into this fuss, since all these deposits may come to them.
PAP: You want to share the banks?
aS: Yes, we want to show that banks are fair and which are not.
PAP: When you start to this action?
aS: from September.
PAP, abo
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