Judgment of the Gdańsk-South District Court, Division I Civil of the day 21 July 2020 (reference no. I C 1050/18) the customer represented by our law firm has received a favourable settlement in the case concerning the reimbursement of paid contributions in respect of low contribution insurance in accordance with the provisions of the CHF-indexed credit agreement concluded with Bank BPH S.A. (the successor to GE Money Bank S.A.) in 2007
The plaintiff filed for payment of the amount constituting an undue benefit which was collected from the claimant by the defendant BPH S.A. bank under section 2 point 4 credit agreements indexed with the CHF rate, i.e. for contributions to the insurance of low own contribution.
The defendant bank requested that the action be dismissed in its entirety. The Bank claimed that the borrower did not actually pay the contribution to UNWW, whereas the cost of that contribution was only added to the loan balance. Therefore, according to the bank, the borrower’s request is unfounded.
The court acknowledged the borrower’s right and took the action into account in its entirety. He judged the claimant with the requested amount paid as a UNWW contribution together with interest on delay and reimbursement of the costs of the process.
In the oral justification of the judgment, the court indicated that the provisions on the insurance of a low own contribution were abusive. The Court of First Instance held that those provisions that shape the rights and obligations of the borrower in an ambiguous manner, conflicting with good manners and grossly affecting his interest. Consequently, the court concluded that these provisions did not bind the borrower as a consumer.
The sentence is still invalid.
The case was led by Monika Pindziak-Dutkiewicz, together with the team from the Katowice office Russell Bedford Poland Sp. z o.o.