17 10.2019
17 10.2019

The Low Down Payment Insurance clauses recognized as abusive again.

Yesterday, a court’s verdict was announced in a case in which we convinced the court again about abusiveness of the Low Down Payment Insurance clauses of the mortgage loan agreement indexed to the Swiss franc concluded by our Clients with one of the large commercial banks.

 

This time the court shared our position almost entirely, reiterating in oral justification behind the claimant that failure to inform borrowers about the insurance conditions, detachment of the fee calculation mechanism from the real cost of insurance and unilateral entitlement of the bank to influence the amount of borrowers’ services as a result of freely determining exchange rate tables constitutes the basic, though not the only, premises indicating a gross violation of the plaintiffs’ interests and the formation of the plaintiffs’ obligations in the contract which is contrary to decency. As a result of this decision, the court ordered the defendant bank to refund unduly collected fees with interest.

 

At the same time, the court did not share our position in this part, in which we also asked for reimbursement to the plaintiffs of the first, directly entered into the loan agreement amount of the Low Down Payment Insurance fee. As soon as we introduce the written justification for the judgment, we will consider bringing an appeal in this part.