Have you repaid the loan earlier? A refund is due!Uncategorized
The Financial Ombudsman issued the first significant views regarding the reimbursement of part of the costs incurred by the client in the event of early repayment of the loan. He decided to support those who fight in court for their rights.
As a result, they are already achieving their first successes, and some entities changed their practices guided by the consistent position of the Financial Ombudsman and UOKiK.
From the joint position of the Financial Ombudsman and the President of the Office of Competition and Consumer Protection on the interpretation of art. 49 of the Consumer Credit Act shows that in the event of early repayment of a consumer credit, the creditor should reduce proportionally and reimburse all its costs.
The thesis presented in the official position of 16 May 2016 says that: Article 49 para. 1 of the Act should be understood as meaning that in the event of early repayment of a consumer loan, all possible costs of such a loan will be reduced, irrespective of their nature and regardless of when these costs were actually borne by the borrower, except that the reduction is proportional, i.e. it refers to the period from the date of actual repayment of the loan to the date of final repayment specified in the contract.
Analyzes of this type of cases show that the fees or fees charged (preparatory, administrative, etc.) are often very high. In one of the cases analyzed by the Financial Ombudsman, the commission for granting the loan was over PLN 82 thousand. PLN, with a total loan amount of approximately PLN 95 thousand zł.
In another case, the “preparation fee” was close to 20,000. PLN with a total loan amount of approximately 79 thousand. zł. According to the Financial Ombudsman, with earlier repayment of the loan, part of these amounts should be returned to the consumer.
It is difficult to accept the creditor’s arguments
that these are costs related to the preparation of the contract, other pre-contractual activities or one-off costs not related to the loan period. It may seem that, next to interest, it is remuneration for providing capital.
” Since in the event of early repayment capital returns to the lender, and therefore the consumer ceases to use it, there is no justification for the lender to receive remuneration in this respect .” According to the expert of the Financial Ombudsman, proportional reduction of costs in such cases is economically justified.
A similar position to the Financial Ombudsman and the Office of Competition and Consumer Protection was also taken by the District Court in Łódź, which in a final judgment of 22 June 2017 upheld the judgment of the court of first instance, which awarded the creditor a proportional part of the commission collected in connection with the earlier repayment of the loan.
According to the court: “Instead of collecting interest, lenders could construct credit agreements in such a way that they would only, to a small extent, or not receive any interest or commission on account of the loan granted, i.e. remuneration on account of the capital transferred to the borrower, whereas remuneration is would be hidden under the so-called preparatory, administrative fees, etc.
This would circumvent and violate the ratio legis of Art. 49 in connection with art. 5 point 6 of the Act ”. He also added that: “(…) such cases are not uncommon at all, as a reflection of this can be found in the jurisprudence of this Court.” Report to us if your commitments exceed you! We will restructure your commitment.