OCCP issued an important opinion on the frankowiczów litigants with mBank in which it is written that some of the provisions in the agreements invalidate the entire foreign currency loans. How it changes the situation frankowiczów?
Significant view always refers to a specific case. It can not be applied to the total frankowiczów. And this view applies in interest rates, or the cost, not the essence of loans frankowych.
Do you, then, will be another important views of the OCCP on this issue?
are you sure – are also related to the financial market. Currently, we have seven requests, and each citizen on the stage of the judicial process can come to us for such an important notion to pay. When we believe has been infringed public interest, then we will issue a view on the matter.
Many believe that this view is too soft. UOKiK says only that the provisions of the “cause” and not “cause” invalid. A nod to the banks?
No. We were limited by the fact that customers mBank went to court with the amount of the installments. It was a long time ago, because in 2010. Then the problem themselves francs so not troubled, and the litigation concerned the de facto something else. You could say that customers challenged only broken lights, while in the car does not work the whole engine. We therefore refer only to the lights. However, this can cause the whole car is not suitable for use.
And you may find that this is so?
It’s hard to say. Details of the agreements can result in significant differences. A good example are negative LIBOR-y. If the bank identified in the agreement that interest rates can not be negative, the OCCP can not relate to it and take action.
What will be the overall strategy of the OCCP on francs?
remember that the office sometimes has its hands tied, eg. the period of limitation. The host of the subject francs remains president. Of course, all the state functions as a single organism, but a key role for the Committee of the Financial Stability and solutions related to capital requirements. The risk of foreign currency loans is determined by the higher capital requirements, even if the statistics indicate that the repayment of foreign currency loans is better than the zloty.
What is the biggest challenge?
Full implementation of the demands frankowiczów could lead to a significant deterioration in the banks, and thus other customers might feel threatened. We can not risk solvency. On the other hand, personally I fear that rates may increase again. It is incumbent on the economy.
However, if excessive consumer protection frankowych not mean discrimination against borrowers zloty?
We must find in particular, the existing situation. I use an example. Roofs in the villages largely covered with asbestos. When it was learned about the dangers of this material, it was necessary to remedy this. Of course, we now know that you can use roof tiles, but this is not the time to worry about it. You might as well say that 10 years ago one could prohibit such loans, especially since we knew about the experiences of the world. But we have a different reality. We are at the stage of purification of Polish asbestos cement.
What about the matter of investment policies?
We are on track to agreement. There are three problems. First: people wanted to buy something else, ie. misselling. The second is the cost of withdrawal. Third: the value of units. Misselling raises the biggest opposition because it is completely outside morality – eg. 70-year-old instead of a six-month deposits getting the product for 25 years. Withdrawal should also be cheaper because it happened that costs reached several tens of percent of the funds paid. We were able to reduce these charges. We want to extend to the entire portfolio, and we are still in the course of working meetings with the Polish Chamber of Insurance. Ahead of us a lot to develop, which will require well as talks with individual insurers. We hope that the preliminary results of the negotiations will be announced in September. By the end of the year I would like to complete the process.
How are talks with insurers?
Negotiations must take place at co-supervision. Changing the rules means that the capital requirements of insurers may change. We must therefore be careful not to company fell into trouble. We negotiate it or expand its activities on the current portfolio, or in isolated cases purchased insurance policies.
How to increase consumer awareness?
educate. We do social campaigns. We can see that the level of consciousness rises, also as a result of negative experiences – does not have 5.5 million investment policies, as is commonly administered in the media, but less than 3 million. Besides, this is not the first problem polisolokatowy. At the beginning of the XXI century., As now, many people gave up and were disappointed relationship of the funds paid to the assets received. Number of resignation was higher than it is now, we can see the effects of education. OCCP finances are limited, but we are doing everything in our power.
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