For more information on the issues of franc loans, see: https://chflegal.pl/
Is it inactive possible to go to court after paying off the franc credit?
Yes – repayment of the debt does not close the anticipation of challenging an unfair agreement. The borrower may apply for annulment of the contract or claim reimbursement of overpaid amounts if the provisions contained in the contract were of an abusive nature. Courts are increasingly ruling in favour of the Frankish, even many years after the repayment has been completed.
Legal basis – on what basis are the claims of the Francists?
Claims are mainly based on consumer protection rules, in peculiar those concerning non-authorised clauses (abuse clauses). The decisions of the Court of Justice of the European Union and of the ultimate Court, which confirm the anticipation for persons who have concluded contracts containing unfair conversion or indexation records, are besides important.
Termination of claims – how long do you gotta sue the bank?
The key issue is the timing of the limitation period. According to the current position of the TEU, this word is counted from the minute the consumer learns that the contract may be invalid. In practice, this means that many people who have paid off the debt a fewer years ago inactive have the chance to make effective claims.
What can you get back from the bank?
If the contract is declared invalid, the erstwhile borrower may request the repayment of all payments made to the bank, including interest-capital instalments, commissions and ancillary charges. This frequently refers to crucial amounts that may actually affect the financial situation of the borrower.
For details of claims, see also: https://chflegal.pl/uslugi/
What the process looks like – step by step
The process starts with the analysis of papers – primarily the credit agreement and the past of repayments. A call for payment or declaration of invalidity shall then be made. If the bank does not accept claims, the case goes to court. This is simply a common practice of civilian courts today.
Do the courts agree with the Franks after the debt is paid?
Yes – the current case law confirms that repayment of the debt does not invalidate the anticipation of cancelling the contract. Courts are increasingly investigating specified cases favourably for consumers, and credit cancellations are besides issued in cases where the contract was terminated many years ago.
Summary – why it is worth to act, even after years
Those who have paid off the frank debt inactive have the chance to take legal action against the bank. There is simply a chance to recover crucial amounts if the contract contained prohibited clauses. It is so worth examining its legal situation – preferably in cooperation with a law firm specialising in franc matters.
