Franc loans. The PKO BP process begins with settlements

“PB” reported in Friday’s edition that money changers who took out a foreign currency loan at PKO BP and sued the bank for the (unlawful) abuse of the loan agreement, must log on to the iPKO website on Monday. There they will find a loan offer as part of a friendly settlement.

According to the newspaper, the bank wants to propose converting Swiss franc loans into zloty loans according to the method proposed in December last year by the head of the Polish Financial Supervisory Authority (KNF).

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The newspaper reported that about a year ago, Jacek Jaszebowski, head of the Polish Financial Supervisory Authority, said at a Christmas meeting with bankers that there was only one way to solve the Swiss franc problem without the courts’ involvement with the blessing of the Polish Financial Supervisory Authority – the conversion of mortgages in Swiss francs in consultation With the client and under the supervision of the office. He then proposed treating Swiss franc loans as if they were given in zlotys and repaid in Polish currency.

According to “Puls Biznesu”, PKO BP will offer currency exchange service to customers who have already taken legal action against the bank. At the end of the first half of the year, the newspaper added, there were nearly 7,000 such cases.

We asked PKO BP for this information on Friday. “PKO Bank Polski has been working for several months to make the settlement process available to a very wide range of Swiss franc borrowers, including clients who are in dispute with the bank today. We will publish the details on Monday, among other things on the bank’s website” – informed TVN24 Biznes Małgorzata Witkowska of PKO BP’s Corporate Communications Department.

Rzeczpospolita also announced on Friday that borrowers have complained that some banks are sending them requests to pay the loan amount and non-contractual use of capital fees in case of termination of the contract. There is no judgment in the first place. distance.

The magazine noted that these claims are hotly disputed. For the capital use fee in the event of contract cancellation, among others, UOKiK and the Financial Ombudsman, although the Polish Financial Supervisory Authority and the Polish National Bank have already decided that a type of fee is due that covers the cost of providing capital to banks. According to information received from franchisees, it happens that the summons also goes to clients who were not canceled by the court, but “certified” (it supported it by removing the terms of questionable conversion of the loan and installments from zlotys to francs) – reports daily.

Banks charge a fee for the non-contractual use of capital, using the average mortgage interest according to NBP data to calculate its value. Depending on the length and time of the conclusion of the Swiss Franc agreement, these amounts may be approximately half or even close to the value of the loan disbursed.

Wojciech Bochenek of Bochenek i Wspólnicy, a lawyer representing franchisees, said in an interview with Rzeczpospolita: – The bank’s order to pay claims for non-contractual use of capital is an attempt to intimidate clients and discourage them from pursuing their rights in the courts. He added that there are still a few issues related to capital usage fees, but in the cases that have already been resolved, the courts have rejected such claims from the banks.

“mBank is frequently cited among the institutions that send such appeals,” the newspaper wrote. – Related to pending judicial cases, or in which the court ruled that the contract is invalid. In cases where a judgment has not yet been passed, summons are directed to borrowers who have sued the longest. In this way, the bank protects itself from the statute of limitations for the claim – explained Krzysztof Olchowski, a spokesman for mBank, citing Rzeczpospolita.

We have already reported the fact that PKO Bank Polski is an offer for franchisees. Originally it was meant to be introduced before the summer holidays, and the end of September has been referred to as the next date. Jan Emerick Rosiewski, President of PKO BP He indicated at the end of August that customers could potentially convert a Swiss franc loan into a zloty fixed rate loan as a primary option.

As for other banks, the head of Santander Bank Polska, Michał Gajewski, recently announced that the bank is up and running. Tests for the conclusion of settlements with borrowers in Swiss francs.

In contrast, Millennium Bank has concluded more than 4,000 settlements with franchisees. Rzeczpospolita wrote on Tuesday that the bank has not launched a program of agreements with borrowers on the terms proposed by the Polish Financial Supervisory Authority, but is instead trying to reach an agreement with them on its own terms.

President Brunon Bartkiewicz reported in mid-April that ING Śląski was ready to settle with the concessionaires. These will be settlements based on a proposal made by the head of the Polish Financial Supervisory Authority. Pekao Bank also announced that it plans to settle the deals, but is still working on the details of the transfer mechanism.

BNP Paribas earlier indicated that it would take a decision on the settlement after the Supreme Court ruling. The full members of the Civil Chamber of the Supreme Court at the beginning of September this year. However, it has not made a decision on foreign currency loansInstead, it was decided to ask three questions to the Court of Justice of the European Union regarding the procedure for appointing judges.

mBank has not yet taken a decision to provide agreements to clients as suggested by the head of the Polish Financial Supervisory Authority, nor has it taken any steps to obtain any approvals from companies in this matter. It is not known how Raiffeisen will act in this case.

Financial Ombudsman Mariusz Golicki recently indicated in an interview with the Polish News Agency that banks have provided Settlement proposals require careful consideration In terms of whether they are unfavorable to customers. At least they should be seen by a lawyer.