Monday 14 July 2014

Complain franc loans

The courts in Spain and Croatia confirmed the claims indebted in francs. In Barcelona, ​​acknowledges that foreign currency loans may be treated as a speculative tool. But in Zagreb pointed out to the banks that acted in bad faith and did not inform about the risks associated with changes in the exchange rate.

Publicized recent judgments of the courts of Spain and Croatia, this is not the first case against foreign currency loans in Swiss francs. Already aware of the introduction of customers as banks accused the Prime Minister of Hungary - Victor Orban, who openly says that banks offering foreign currency loans in francs committed fraud. What, however, the courts have stated in Zagreb and Barcelona?

speculative nature

The court of first instance in Barcelona decided to invalidate the loan agreement in Swiss francs. While the judgment confirms the decision of the court of second instance, the applicant bank borrower is released from having to pay interest and exchange rate differences. Reach thereby terminating the credit agreement and the debt will have to pay only the value of the loan, which is exactly how much borrowed from the bank. The whole thing is so surprising, because the court confirming the claim of the borrower's debt in the currency stated that granted him a liability (package of investment and credit) has a speculative character, is the product of highly complex and mostly ill-risk profile of the customer.

Failure information obligation

Another type of case dealt with by a commercial court in the capital of Croatia - Zagreb. He confirmed the validity of the class action lawsuit, which was sued by the organization prokonsumencką banks Potromak and Udruga Franak, or association of persons indebted Swiss franc.

The complainant pointed out to the banks that the granting foreign currency loans do not inform their customers about the dangers associated with changes in the exchange rate, ie. currency risk. Croatian court confirmed that the granting foreign currency loans the banks did not act in good faith and were therefore obliged to conversion loans from Croatian Kuna francs. Occur at the same time this is not the current exchange rate, and the favorable exchange rate on the day endorse the loan agreements.

Just wait until the similar claims with respect to foreign currency loans in Swiss francs, or collective petitions against banks, notify the Polish pro-consumer organizations.

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