Court 2 Once first in Poland he considered the credit agreement concluded in francs invalid. The main argument of the judgment was that the bank knew about the exchange rate risk at the time of granting the loan and did not inform the client.
Many people who have taken a franc credit a few years ago now have a much larger amount to pay than would have been due to standard debt indexation.
This situation is due to an adverse frank rate for borrowers, which the banks have been warned about by the NBP or the KNF and which they have not informed their customers or informed in an ambiguous manner. one with customers in 2008 she took a loan of 485,925.37 PLN, a 10 years of regular repayment had to be given approx. 500,000 PLN.
The client filed a lawsuit, claiming a partial cancellation of the contract. The Court of First Instance considered that the burden on customers of exchange rate risks did not fall within the definition of a credit agreement contained in banking law and considered the entire contract invalid.
The bank is still entitled to a cassation complaint, which it is likely to benefit from. If the SN has a judgment similar to the court 2 instances, the customer will return the loan without interest, fees or increases resulting from indexation.
reference no. VI ACa 427/18
Source: Republic of