WHAT IS THE IMPACT OF USING PROHIBITED CONTRACT CLAUSES?
Common courts have agreed that banks used prohibited contract clauses, however, a fundamental problem arises – how does this affect a particular contract? There are two basic types of decisions favorable to Swiss Franc borrower, i.e.:
- declaring the loan agreement invalid (the agreement is considered invalid from the very beginning);
- declaring that, despite the non-binding of the prohibited contract clauses, the contract should continue to be performed as a PLN loan (so-called “conversion” of Swiss Franc loan).
Our Law Firm conducts cases concerning the securing the borrower’s interest in consideration to the previous judgments.
HOW TO FIGHT FOR YOUR RIGHTS?
The primary method of claiming your rights should be mediation or other out-of-court settlement of the dispute with the bank. Many institutions (including non-governmental institutions) offer help in this regard. Unfortunately, the practice of banks shows that they rarely settle with Swiss Franc borrowers.
Then it becomes necessary to initiate legal proceedings. Depending on the individual situation of each Swiss Franc borrower, it may be justified to file a case against the bank. One should remember that the situation of each Swiss Franc borrower is different and requires an individualized approach. Particular attention should be paid to such issues as annexes signed to the contract, the number of borrowers (spouses, cohabitants), early loan repayment (out of schedule) or repayment in Swiss Francs (CHF).
DOCUMENTS NECESSARY FOR THE CASE ANALYSIS
If you are interested in legal services from our Law Firm, it is necessary to provide the loan agreement with all attachments and signed annexes. These documents should be sent in electronic version to the following e-mail address: firstname.lastname@example.org.
After a preliminary analysis of the occurrence of provisions considered as prohibited in the contract, a representative of the Law Firm arranges a meeting, during which the details will be presented, including chances and financial risks associated with potential litigation.
You can find other publications on Swiss Franc loans on our website in the News section: https://ccka.pl/kategoria/sprawy-frankowe