Frankish holders who have loans at mBank and have decided to take legal action against the bank can expect demands for payment. The financial institution decided to send requests for payment to some of them. The letter calls for the payment of the fee for using the capital.
The issue of mutual settlements between the borrower and the bank, in the event of the foreign currency loan agreement being deemed invalid, was to be the subject of a resolution by the Supreme Court. However, the Civil Chamber has still not resolved the matter. At the beginning of September, questions on this matter were referred to the Court of Justice of the European Union.
This “suspension” state does not have a positive effect on disputes between banks and franchise holders, as shown by the example of mBank. According to the results for the third quarter presented by the bank, at the end of September there were 12 thousand pending cases against mBank. 150 individual court proceedings initiated by the bank’s clients in connection with loan agreements in Swiss francs, and the total value of claims amounts to PLN 3 billion. The bank estimates that approx. 19.8 thousand (approx. 24% of foreign currency borrowers – ed.) of borrowers have already filed or are about to file a lawsuit. However, the bank will not remain indebted.
The calls for payment went to the franchisees
MBank, asked by PAP, informed that “sent out requests for payment to some borrowers who sued the bank over their Swiss franc loan”. As he explained, this is related to “court cases that are pending or in which the court has legally declared the contract invalid”. He added that “demands for payment and lawsuits apply only to those borrowers who have taken legal action against the bank”.
According to mBank, in cases where the judgment has not yet been issued, the summons are addressed to those borrowers who have filed lawsuits for the longest time. “In this way, the bank protects itself against the statute of limitations of the claim“- explained.
Remuneration for the use of capital
The bank added that in the event of default on payment, “he will bring a lawsuit against the borrower for the return of the capital and the amount corresponding to the value represented by the use of that capital.”
“We emphasize that the decision on the validity of these claims will always be made by the court” – indicated mBank. At the same time, however, the bank wants to implement a pilot program of settlements with franchisees.
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