Consumer contracts and consumer status
To explain the definition and status of a consumer, reference should be made to the Civil Code. According to art. 22(1) of the Civil Code, a consumer is a natural person making a legal transaction with an entrepreneur which is not directly connected with his/her business or professional activity. The status of a consumer will be therefore enjoyed by persons who have concluded various types of civil law contracts with companies (entrepreneurs), e.g. a sales contract, a lease contract, a contract for provision of telecommunication services. The conclusion of a contract by a consumer also takes place (despite the lack of a written form) in the case of using, for example, the services of a hairdresser or while submitting clothes to a laundry.
More than once in his/her life, every consumer had to sign some kind of an agreement with an entrepreneur. Our Law Office provides legal assistance to consumers both at the time of concluding contracts with entrepreneurs, including banks, and at a later stage, when they are being performed and a dispute arises between the parties to the contract
In matters concerning consumer contracts, our Law Office offers legal services in particular in the field of legal advice during the conclusion of a contract with an entrepreneur and giving an opinion on the content of a contract. If you come to us after concluding a contract and there are problems with its performance, our team will analyse the contract and present you with the optimal and best solution. It will tell you when to terminate a contract, and when to withdraw from it. In addition to the above services, our Law Firm provides advice and legal assistance in pursuing claims due to consumers, both amicably and before the Court, conducting negotiations, substantive support in concluding settlement agreements with entrepreneurs, banks and other institutions, so as to secure your interests as a consumer to the greatest extent possible, representation in litigation at every stage of the proceedings until its final legal conclusion.
A lawyer from our team can accompany you throughout the whole process of concluding a contract, from the moment of its drafting, through issuing opinions and participation in negotiations, to the moment of its final signing. Our Law Firm shall also undertake to conduct the case if a dispute arises between the parties during the performance of the contract.
Reimbursement of funds in the event of early repayment of all or part of the loan
The firm also provides legal assistance to borrowers in claiming repayment from financial institutions for early repayment of loans.
Both the Consumer Loan Act of 12 May 2011 and the Mortgage Loan and Supervision of Mortgage Loan Intermediaries and Agents Act of 23 March 2017 stipulate that in the event of repayment of all or part of the loan before the date specified in the agreement, the total cost of the loan is reduced by those costs that relate to the period by which the term of the agreement has been reduced.
The obligation of banks to repay money for early repayment of loan is also confirmed by the judgment of the Court of Justice of the European Union of 11 September 2019 (case I C 383-19) and the position of the President of the Office of Competition and Consumer Protection and the Financial Ombudsman.
If you have repaid all or part of a loan before the date indicated in your agreement, our lawyers will help you to recover from the financial institution the money you paid, i.e. the interest and all the costs for the remaining duration of the agreement.
Franc – borrowers and franc issues
A special group of consumers who may need legal advice are bank clients, i.e. individuals who have entered into agreements indexed to or denominated with the Swiss franc (CHF) exchange rate, the so-called „Franc agreements”.
In case of Franc agreements a borrower acts as a consumer if he concludes with the bank an agreement indexed to CHF (indexed or denominated loan) e.g. in order to finance the purchase of a flat for his own living needs. Our specialists are able to provide legal assistance and support to such persons in defending their due rights.
Indexed loan
An indexed loan is a loan whose value is expressed in Polish zloty and indicated in the loan agreement. The amount of the loan in PLN is known to the consumer already at the time of concluding the agreement. Such loan is disbursed in zlotys and, upon its disbursement by the bank, the consumer's outstanding balance is converted into Swiss francs (CHF) at the CHF purchase rate set by the bank. The amount so calculated in Swiss francs shall be repaid by the consumer borrower. Also the loan instalments which are repaid in Polish zloty are subject to indexation. Indexation of instalments means that on the day of payment of a given instalment, the bank converts a loan instalment expressed in CHF in the repayment schedule into Polish zlotys at the CHF sale rate set by the bank, and the amount calculated in this way in PLN is debited from the consumer's account. A loan indexed to a foreign currency is de facto a type of loan in PLN.
Denominated loan
In contrast, a denominated loan is a loan whose amount is expressed immediately in Swiss francs in the loan agreement. However, the consumer is paid its equivalent in Polish zloty. The conversion of the loan from Swiss francs into Polish zloty takes place at the purchase rate set by the bank. This method of conversion means that the consumer does not know what amount in zloty he will ultimately receive from the bank. Because of the exchange rate fluctuations between the day the loan agreement is concluded and the day the loan is disbursed, the consumer may receive more or less than the amount applied for at the bank. In the case of investments such as the purchase of real estate, any difference if the bank pays out a lower amount than requested will unfortunately have to be covered by the consumer's own funds
Over the last few years, Swiss franc exchange rates have risen significantly. The rise in the exchange rate has an impact not only on instalments, but also on the balance of the loan. As a result, consumer borrowers have to pay higher loan instalments than at the beginning. The rise in the Swiss franc has also resulted in an increase in the balance of the debt to be repaid, in other words, an increase in the debt owed to the bank. For many consumers this represents a significant burden which is difficult to bear. Therefore, it is worth fighting for your rights and entrusting our Law Office with conducting a franking case. On behalf of a consumer we assert before the court the invalidity of a loan or its converting into Polish zloty. The benefits for Swiss franc loan holders include the cancellation of the loan agreement and the return of the funds paid, freedom from loan, cancellation of the mortgage, converting the agreement into zloty using the LIBOR rate, lower loan instalments, reduction of the debt balance, return of overpaid instalments.
Lawyers from our law firm are conducting numerous cases of people who signed franc loan agreements against major banks that had such loans in their offer.
In respect of franc cases our Law Office offers the following services: analysis of the loan agreement and all other documents related to the granting of the loan, such as regulations, repayment schedules, annexes, calculation of financial benefits, filing a complaint to the bank, support for the client during negotiations with the bank and during conclusion of a settlement agreement, preparation of a lawsuit for determination and payment on behalf of the client, as well as further pleadings during the proceedings and representation of the client before the court.
Knowledge, experience and commitment of our specialists, legal advisers and attorneys will allow us to learn and understand your legal situation, present the most advantageous and safe legal solutions and, in the case of violation of consumer rights, effectively pursue your claims amicably and in court.
We provide services in the Tricity (Gdańsk, Gdynia, Sopot). If necessary, we represent our clients throughout the country. Feel free to contact our Office.
The Law Firm assists consumer borrowers in recovering funds from banks under agreements indexed with the exchange rate of the Swiss franc, the so-called franc loan agreements.
We represent clients in court disputes claiming the invalidity of a loan agreement, as well as the elimination of prohibited clauses from the agreement, the so-called "de-franking".
In the course of our cooperation with Clients to date, we have adopted the following models of settlement; however, we encourage you to negotiate the terms of remuneration individually. All amounts presented below are gross amounts and include the first and second court instance. The amount of the statement of claim includes all amounts paid to the bank up to the moment of filing the statement of claim. The Law Office does not charge fees for appearances and representation of clients in courts in the Tricity area.
|
|
Initial fee (in PLN ) |
Fee for the calculation of the claim (in PLN ) |
Remuneration for the Law Firm |
Legal representation costs [KZP] |
|
1. |
500 |
1 000 |
10% of the amount of the claim - only if the case is won |
for Law Firm – only if the case is won |
|
2. |
1 500 |
1 000 |
5% of the amount of the claim - fixed, regardless of the outcome of the case |
for Law Firm – only if the case is won |
|
3. |
3 000 |
1 000 |
8% of the amount of the claim – only if the case is won |
for Law Firm – only if the case is won |
If the case is won, the Court will award the costs of the proceedings, including the costs of legal representation (KZP), which the Law Firm will demand exclusively from the bank and the bank will be obliged to bear them. The fee for the statement of claim and the fee for the power of attorney will be returned to the client.
The costs charged to the client and not constituting the law firm's remuneration for filing the statement of claim are: PLN 1000 court fee for the statement of claim and PLN 17 stamp duty on the power of attorney.
The presented price list is for information purposes only and does not constitute an offer within the meaning of Article 66 § 1 of the Civil Code. The final remuneration for conducting the case will be determined jointly after the analysis of the case.
