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On the ROP it highlighted that the ECJ judgment on Dziubaków, although it has relevance for other borrowers, it takes them a reminder of their rights. So you should first complain to the bank, and after rejecting it – go to court. “You can at the same time benefit from professional assistance of the Financial Ombudsman, who can prepare legal expertise (ie. Significant views that are free of charge) for a specific contract when the case is before the court” – written. ROP reminded that since the end of 2016. involved in the affairs of frankowiczów. The decision of the ECJ is the consequence of the questions that came to the ECJ, the Regional Court in Warsaw in 2018. Which dealt with the state loan Dziubaków.zobacz also: Judgment of the CJEU: Credit francs will be able to be converted to a PLN or invalidated [CONTENT OF JUDGMENT] “In 2008, r. couple took a mortgage for 40 years. The Bank gave them a loan in US dollars, but he was indexed (converted) in Swiss francs.
Borrowers brought to the District Court in Warsaw for annulment of the contract due to the unfair provisions concerning the indexing mechanism. According to them, they allow the bank and any unilateral determination of the exchange rate. They claimed that the bank unilaterally determines the balance of the loan, as well as the result of the conversion of the loan installment in the amount of foreign currency in the Polish currency. The Warsaw court had legal uncertainties, so came to the ECJ questions, demanding int […]
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