The number of cases regarding housing loans in CHF increased by almost 3.1 thousand. in April and by approx. 12 thousand. from the beginning of this year, said the vice-president of the Polish Bank Association (ZBP) Tadeusz Białek. In the final judgments of 2021, 61% of the decisions were unfavorable for the bank, and in 39% of cases the bank won.
“In the first quarter, the number of new cases increased by approx. 9 thousand. Currently we have – according to our statistical data collected every two weeks from 13 banks with over 99% of their portfolios, so these are precise data – almost 51 thousand. the end of April 2020. To this we have to add – statistically speaking – about several thousand cases that have not yet been received by the banks, but which have been sent to the banks and are waiting to be registered and sent, so it should be assumed that it is about 50 a few thousands of court cases “- said Białek during the online conference.
“During April, almost 3.1 thousand cases were added, and from the beginning of 2021, about 12 thousand new cases were added, which – in our opinion – was caused by such a belief that was very intensively and strongly pushed by representatives of CHF law firms and clients signaled that the announced rulings of the CJEU of April 29 and the resolutions of the 7-judge panel were in fact already settled in favor of Swiss franc borrowers. with a free apartment as certain “- emphasized Białek.
As indicated, the current judgment of the Court of Justice of the European Union (CJEU) and the resolution of the seven judges of the Supreme Court should slow down this tendency.
He also pointed out that the first observations regarding the trends related to the impact of the CJEU judgment and the resolutions of 7 judges can be realistically observed in the statistics at the turn of June and July.
Białek stressed that the information pushed by representatives of the “Swiss franc” law offices allegedly nothing has changed after these two events and that the cancellation of contracts is still issued on a mass scale and is untrue.
“It must be borne in mind that the rulings that are being handed down now are, in the vast majority of cases, that have already been completed, the court proceedings have been closed and the judgment has only been pending. We are already observing that even in some cases where the courts were closed court, they are reopened due to the guidelines set out in the CJEU ruling, regarding that the client must be extremely objectively informed about the consequences related to the declaration of invalidity of the contract, restitution claims due to the bank, and this must be done within the framework of trial with the participation of both parties “- emphasized the vice-president of the Polish Bank Association.
As he noted, in the opinion of the Polish Bank Association, the CJEU judgment definitely dismissed the prospect of invalidity, because the Tribunal made a very clear statement that the aim of the directive was not to invalidate contracts, but to maintain existing contracts after eliminating abusive clauses from them.
Białek informed that currently, out of over fifty thousand cases that are pending before courts, less than 6% are cases in the second instance.
“This means that almost 50,000 cases are cases that are in the first instance, which have not been processed at all, and the entire judicial process within which the courts should follow the CJEU guidelines is before them” – he said.
He added that the myth forced by compensation offices that banks lost 90% of cases was also untrue and that so many cases ended with the cancellation of the loan agreement.
“According to our data, from 99% of the portfolio, currently among the cases that are currently in the second instance, i.e. approx. 6%, 79% of cases have so far been lost by banks, and 21% won in the first instance by the bank. are in the second instance, and have been lost by the bank, among these cases only 67% of decisions are invalid, and 23% is the so-called decfrancing “- calculated the vice-president.
“Among the final cases in 2021, 61% were lost by the bank, 39% were won by the bank,” emphasized Białek.
Krzysztof Pietraszkiewicz, the president of the Polish Bank Association, informed that the process of deliberations in banks on proposing settlements with clients “has slowed down”, which is related to the preparation of the position by the Supreme Court, and clients and banks are waiting for a better defined legal ecosystem.
Source: ISBnews and ZBP
