The Low Down Payment Insurance clauses partially abusive.
In the case conducted for our Client, the District Court for Warsaw-Mokotów in Warsaw admitted our Client partially, considered abusive (prohibited) clauses of the mortgage loan agreement indexed to the Swiss franc allowing the bank to collect from the borrower an amount exceeding of the insurance premium paid to the insurer for the Low Down Payment Insurance.
The plaintiff asked for considering the Low Down Payment Insurance clauses abusive in its entirety, indicating that the loan agreement is in this part inconsistent with decency – by failing to specify the terms of the Loan Down Payment Insurance agreement, as well as grossly violating its interests – by creating conditions insurance by the bank without the participation of the borrower, at the same time obliged to bear the costs of such insurance.
Therefore we appealed against the judgment on behalf of the Client.
This verdict was also appealed against by the defendant bank.