Bank loans in CHF

New ways of recovering overpayments in instalments of bank loans indexed in foreign currencies are becoming more and more popular among credit borrowers. The overpayments occur due to unfair conversion clauses that enable the banks to shape unilaterally at their discretion the amount of due credit principal, which consequently leads to debtors having to pay the amounts severalfold higher than the amount of the loan they have taken.

Recently across courts in all of Poland sentences are being rendered in favour of debtors whose loans are indexed in Swiss francs. One of those verdicts was the judgment of the Regional Court in Cracow of 13th of December 2017, that ruled a credit granted by GE Money Bank (currently BPH S.A.) should be treated as granted in PLN. As a result the bank is obligated to return the debtor over 60.000 PLN for the instalments already paid and to charge future instalments as if the credit had been granted in PLN, without being indexed to CHF. Similar ruling was made by the District Court Warszawa-Wola on 20th of November 2017.

Judgments in favour of borrowers are becoming increasingly more common. Any person who feels affected by the amount of the instalments of the credit should consider seeking a solution to that problem. However, as the majority of contracts indexed and denominated in foreign currencies were signed between the years 2006 and 2009 and the borrowers have been paying them off ever since, the best time to pursue claims against banks is now, as the prescription period for individual instalments of the credit is 10 years.

If you are one of the persons affected by the above, we invite you to contact our law firm, which has been successfully aiding customers wronged by the banks.

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