PLN loan. A landmark court decision
This is not a judgment in the case, but a very important protective order. – This is probably the first such decision issued by a court in Poland – assesses legal adviser Radosław Górski, whose law firm represents the zloty person. — The PLN loan was deprived of WIBOR, which in this case means a reduction of the installment by about PLN 5,000. zlotys, he adds.
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First an application for security, then a lawsuit
October 18. the law firm filed an application to secure the claim on behalf of the borrower actions to establish a legal relationship resulting from a housing loan agreement in PLN. — The application for security contains exactly the same arguments as will be in the lawsuit — explains Górski.
The District Court in Katowice, in its decision of November 3, recognized that until the final conclusion of the case, the interest rate consists only of the margin, which currently amounts to 2.19 percent. At the same time, however gave the borrower two weeks to file a lawsuit for establishing a legal relationship resulting from a housing loan agreement.
The court accepted the arguments against the bank, and the number of lawsuits is increasing
– As you can see, the court analyzed the arguments and found the premises of the claim to be plausible. He fully shared the position of our law firm, which shows that the loan agreement must be deprived of the WIBOR reference rate for two reasons. Firstly, the bank incorrectly informed the consumer about the economic consequences of changing the interest rate and the actual scale of the unlimited risk associated with the floating interest rate. Second, he accepted incorrect method of determining the interest rate based on the WIBOR reference rate,” explains Górski. He added that he will file a lawsuit soon. In addition, he emphasizes that the decision of the District Court in Katowice is a milestone on the way of thousands of zloty people to invalidate the loan agreement or – as it happened in the case described – to reduce the loan installment. According to attorney Górski, tens, if not hundreds, of thousands of PLN loan agreements in Poland have similar defects.
As PB recently wrote, the number of lawsuits filed against banks by borrowers is estimated at around 100who took mortgage loans in zlotys and challenge the agreements due to reservations regarding the method of calculating the WIBOR rate.
Legal Counsel Damian Nartowski, a partner at WNLegal Wątrobiński Nartowski also considers this provision important. And he adds that it can be seen that zloty-holders do not make the same mistake as franc-holders, because they immediately apply for collateral.
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