Tel: 515 616 665 | Gdynia, ul. Śląska 53/A401 | biuro@kancelariamw.pl

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Swiss franc loans | Law office Gdynia, Gdańsk, Sopot

Cancel your Swiss franc loan

Did you know that 96% of Swiss franc borrowers win in court? Let’s check, what are your chances of winning?

Imagine a morning without the burden of a Swiss franc loan. The peace that comes with financial freedom. We specialize in complex Swiss franc loan matters, helping our clients free themselves from unfair contract terms. Don’t let uncertainty and stress rule your life. Trust our knowledge and experience. Contact us now and take the first step towards the life you dream of – a life free from the burden of a Swiss franc loan.

Swiss franc office Gdynia, Gdańsk, Sopot

Help for Swiss franc borrowers

In the years 2005-2010, banks were very willing to grant Swiss franc loans. A large group of Swiss franc borrowers are people who were convinced by bank employees to take advantage of the offer to conclude a Swiss franc loan agreement. Some of my clients openly admit that they could not count on a loan in PLN because they did not have creditworthiness in PLN. Some, in turn, were convinced that the Swiss franc would always be at a low level and there was nothing to worry about. Few Swiss franc borrowers were aware of how Swiss franc and other currency loans actually work and who really bears the risk when taking out such a loan. You know it?

Do you need someone who will explain all the complexities to you and explain what you can gain and what the risks are in a dispute with a bank over a Swiss franc loan? Is a Swiss franc office what you are looking for? Please read the information below and if you have additional questions, please contact me by phone. Are you from Gdynia, Gdańsk or the Pomeranian Voivodeship? Let’s meet at my office: Gdynia, ul. Śląska 53B/B507. I will explain everything calmly.

Why are Swiss franc loans illegal?

Most loan agreements indexed to CHF or denominated to CHF concluded in 2004-2010 were not legal. Virtually every Swiss franc loan agreement that clients contacted me about included provisions that:

1. They cause the contract to be invalid under the law and the borrower (consumer) may bring an action to court to declare such a contract invalid.

2. They are prohibited (abusive) provisions, i.e. those that violate the rights and obligations of borrowers (consumers) in a manner contrary to good practices, grossly violating their interests.

Step 1

Contact

Prepare your loan agreement and contact us, we will tell you what information and data we will need from you.

Step 2

Analysis

We will analyze your loan agreement free of charge and present possible solutions in your case.

Step 3

Action

We will prepare a request for payment to the bank and prepare a lawsuit against the bank. We will represent you in court at every stage of the proceedings. After completing the proceedings, we will help you delete the mortgage securing the bank’s repayment.

Adwokat gdynia
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Swiss franc cases won

Trust the experience

the numbers speak for themselves

Mrs. Katarzyna concluded a Swiss franc loan agreement in 2007. The loan amounted to PLN 211,000 for 360 months. In the period from December 27, 2007 to May 17, 2023, she repaid the amount of PLN 236,746.78 (equivalent to CHF 64,906.78).
This means that you are currently overpaying the loan and everything above the amount of the loan granted must be repaid, i.e. PLN 15,000. Moreover, the schedule shows that your current loan balance is CHF 51,532, i.e. according to today’s exchange rate, approximately PLN 235,000, practically twice as much as you borrowed. In general, the sum of benefits, i.e. what we have to win in your case, is approximately PLN 250,000

Swiss franc office Gdynia, Gdańsk, Sopot

Invalidation of the franc contract

“Annulment of the loan agreement” or, to put it correctly: “declaring the agreement invalid” is currently the most advantageous solution for borrowers. The effect of a decision on the invalidity of a contract is that:

1. The contract is treated as not concluded, which means that the borrower’s previous payments to the bank for the repayment of loan installments can be treated as an undue benefit.

2. As a result, the bank should return all previous payments to the borrower, and the borrower should take into account the need to return to the bank the loan amount that the bank made available to him. The effect of this is that the borrower returns to the bank only the capital he received from it. Without interest.

3. As a result of the declaration of invalidity of the agreement, the borrower may delete the mortgage (if it secured the Swiss franc loan agreement).

What is de-franking?

“Defranking” is only a colloquial term for a situation in which the court hearing the case, at the request of the borrower, determines that individual provisions of the Swiss franc loan agreement are prohibited. Consequently, these provisions are not binding on the borrower, and the parties may continue to perform the contract, provided that abusive (illegal) provisions are treated as deleted. Therefore, the loan agreement is treated as still in force, provided that it is a loan in Polish currency with interest most often in the form of LIBOR + margin. The borrower may, of course, demand (in the same process) the repayment of overpayments that he made based on prohibited contractual provisions for 10 years back.

Swiss franc office Gdynia, Gdańsk, Sopot

Loans in Swiss francs - abusive clauses in contracts

Prohibited provisions include, for example:

when in the contract the bank has the right to unilaterally determine the installment conversion rate based on the bank’s exchange rate table. Such a provision not only violates the rights and obligations of the borrower-consumer in a manner contrary to good practices and grossly violates their interests, but is also inconsistent with the principle of freedom of contract. A contract in which one of the parties independently determines the performance of the other party cannot be considered valid,
in agreements which indicate Swiss francs as the loan currency, and the borrower was provided with an amount in Polish zlotys and he was also obliged to return the amount in Polish zlotys. According to case law, such an agreement does not meet the conditions of Article 69 of the Banking Law.

These are just some of the arguments that can be used in a loan agreement. Depending on the content of the legal relationship between the borrower (consumer) and the bank, other arguments may also be invoked leading to the conclusion that the contract is invalid and/or contains prohibited provisions.

Loans in Swiss francs - abusive clauses in contracts

Below is a list of examples of abusive clauses that we have dealt with so far when acting as the so-called franc office. The list is for example only and is not, of course, exhaustive.

I am publishing the list below for several reasons. First of all, I believe that, like this article, it will help many people locate such provisions in their contract themselves and understand/visualize the problem of Swiss franc loans. Note – the fact that you will find the following clauses in your contract with the bank does not guarantee 100% certainty that you should file a lawsuit against the bank. I still recommend contacting a lawyer to examine the entire contract and all circumstances related to its conclusion.

Swiss franc office Gdynia, Gdańsk, Sopot

Mbank S.A. - BRE Bank - mortgage loan agreement for natural persons "mPlan" indexed to CHF and mortgage loan agreement for individuals "MULTIPLAN" indexed to CHF.

  • On the payout date, the balance is expressed in the currency to which the Loan is indexed at the purchase rate of the currency to which the Loan is indexed, given in the Table of buy/sell rates for mortgage loans granted by GE Money Bank SA, described in detail in §17, then the currency balance is converted per day into Polish zlotys at the sales rate of the currency to which the loan is indexed, given in the Table of buy/sell rates for mortgage loans granted by GE Money Bank S.A. described in detail in §17″
  • “For the settlement of Loan disbursement and repayment transactions, the purchase/sale rates for mortgage loans granted by GE Money Bank S.A. of the currencies included in the Bank’s offer applicable on the date of the transaction are used, respectively.”
  • “Buying rates are defined as the average exchange rates of the Polish zloty to given currencies announced in the table of average rates of the National Bank of Poland plus the purchase margin. Selling rates are defined as the average rates of the Polish zloty to given currencies announced in the table of average rates of the National Bank of Poland plus the sales margin.”
  • “To calculate the purchase/sale rates for mortgage loans granted by GE Money Bank S.A., the PLN exchange rates for given currencies are used, as announced in the NBP average exchange rate table on a given business day, adjusted for the purchase and sale margins of GE Money Bank S.A.”
  • “The purchase/sale rates applicable on a given business day for mortgage loans granted by GE Money Bank S.A. for the currencies included in the Bank’s offer are determined by the Bank after 3 p.m. on the previous business day and are displayed at the Bank’s headquarters and published on the website of GE Money Bank S.A. “

Swiss franc office Gdynia, Gdańsk, Sopot

POLBANK EFG / EFG Eurobank Ergias S.A. / Raiffeisen Bank International AG Branch in Poland

Regulations of the mortgage loan granted by Polbank EFG:

  • “In the case of loans indexed to a foreign currency, the loan is disbursed in PLN at an exchange rate not lower than the purchase rate in accordance with the table applicable at the time of disbursement of the loan funds. In the case of loan disbursement in tranches, an exchange rate not lower than the purchase rate is used in accordance with the Table applicable in at the time of disbursement of individual tranches. The balance of the loan debt is expressed in a foreign currency and is calculated according to the exchange rate used when the loan is disbursed. In the case of disbursement of the loan in tranches, the balance of the loan debt is calculated according to the exchange rates used for the payment of individual tranches.
  • “In the case of loans indexed to a foreign currency: 1) the loan installments to be repaid are expressed in a foreign currency and on the due date the loan installments are charged from the bank account referred to in section 1, at the sales rate in accordance with the Table applicable at the Bank at the end of the business day preceding the due date of the loan installment.

Swiss franc office Gdynia, Gdańsk, Sopot

Nordea Bank Polska S.A. / PKO BP S.A. - Nordea-Habitat housing loan agreement

“In the case of a loan denominated in a foreign currency, the loan amount paid in PLN will be determined by converting into PLN the amount expressed in the currency in which the loan is denominated, according to the purchase rate of this currency, in accordance with the Exchange Rate Table applicable at the Bank on the date of disbursement of funds. , at the time of making exchange rate conversions. In the case of a loan denominated in a foreign currency, the risk related to changes in the exchange rate is borne by the borrower, taking into account (…)”

“In the case of a loan denominated in a foreign currency: 1) the loan repayment schedule is expressed in the currency in which the loan is denominated, 2) the repayment is made in PLN, in the equivalent of the amounts expressed in the foreign currency, 3) for the conversion of the amount of principal and interest installments of the repaid loan, the selling rate of a given currency is used according to the exchange rate table on the repayment date.

Swiss franc office Gdynia, Gdańsk, Sopot

GETIN BANK S.A. DomBank Hipoteczny Branch in Łódź (Formerly Getin Bank S.A. DOM Branch in Łódź - mortgage loan agreement indexed to CHF

  • “On the day of disbursement of the loan or each tranche of the loan, the amount of the funds paid will be converted into CHF according to the currency purchase rate specified in the Exchange Rate Table – applicable on the day the funds are disbursed.”
  • “The amount of the liability will be determined as the equivalent of the required repayment expressed in CHF – after converting it according to the currency sales rate specified in the <<Bank exchange rate table for foreign exchange loans and loans indexed with foreign currencies>> to CHF applicable on the repayment date.”

Swiss franc office Gdynia, Gdańsk, Sopot

Bank Ochrony Środowiska - denominated mortgage loan agreement

  • “The loan is disbursed in PLN, while the loan amount is converted into CHF at the foreign exchange purchase rate applicable at the Bank on the day the loan is disbursed.”
  • “The borrower is obliged to repay the loan installments in PLN at the CHF sales rate announced by the Bank on the repayment date specified in this agreement.”

Swiss franc office Gdynia, Gdańsk, Sopot

Deutche Bank PBC S.A.

  • „(…) W przypadku wypłaty w złotych lub innej walucie niż określona w pkt 2 Tabeli Bank zastosuje kurs kupna CHF opublikowany w „Tabeli kursów dla kredytów mieszkaniowych i konsolidacyjnych w walutach obcych Deutsche Bank PBC S.A.”, obowiązujący w Banku w dniu wypłaty kwoty Kredytu lub jego transzy.”

  • “Spłata kredytu następować będzie poprzez obciążanie na rzecz Banku Rachunku Bankowego Kredytobiorcy kwotą w złotych stanowiącą równowartość bieżącej raty w CHF zadłużenia przeterminowanego i innych należności banku w CHF obliczanych przy zastosowaniu kursu sprzedaży CHF opublikowanego w Tabeli kursów dla kredytów mieszkaniowych i konsolidacyjnych w walutach obcych Deutche Bank PBC S.A. obowiązującego w Banku na dwa dni robocze przed terminem każdej spłaty kwoty kredytu.”

Swiss franc office Gdynia, Gdańsk, Sopot

I have a Swiss franc loan - what should I do?

Do you have a Swiss franc loan and are wondering what to do with it? Are you wondering which Swiss franc law firm will be able to help you and, above all, slowly and calmly explain to you:

  • What rights and options do you have related to the Swiss franc loan agreement?
  • Which solution will be the most beneficial for you and best suited to your life situation?
  • What is the overall risk of a dispute with the bank and the risk associated with the most favorable solution for you and other options?

If you are from the Tricity – Gdynia, Gdańsk, Sopot, I invite you to a meeting at the law firm’s office in Gdynia or for a telephone conversation/teleconference, where, after reading and analyzing the contract, I will be able to answer all the above questions and advise you what to do.


Where to start? All you need to do is send a scan of the Swiss franc loan or other currency loan agreement along with any annexes you have signed to the law firm’s e-mail address: biuro@kancelariamw.pl. This is all you need to be able to get precise answers to each of the questions asked above.

Franc loans Gdynia, Gdańsk, Sopot

Why is it worth choosing our law firm?

Experience

7 years of experience, dozens of positive opinions.

Cost-free analysis

Free analysis and calculation of financial benefits.

Speed

We send the offer within 24 hours of receiving the documentation.

Mobility

We help Swiss franc borrowers and serve clients from all over Poland.

Honesty

Transparent contract, no hidden or additional costs.

Security

The office is run by an attorney entered on the list of the District Bar Council

Franc loans Gdynia, Gdańsk, Sopot

Frequently Asked Questions

Yes. This is one of the possibilities that the law firm discusses with the client during the meeting. More on this topic in the blog post regarding the suspension of Swiss franc loan repayment.

Yes. However, it must be taken into account that this type of dispute will be based on a different strategy. It will not be possible to “de-frank” the contract due to the fact that this type of solution applies only to consumer loans. However, it will be possible to request that the contract be invalidated.

Yes. However, we must take into account the fact that the determination of invalidity/de-franking will only apply to the annex containing prohibited provisions/invalid provisions.

Gdynia / Gdańsk is my city and I would not like to go to Warsaw for trials… Do I have to sue the bank based on its registered office? Can I sue a bank based on my place of residence?

Yes, full repayment of the loan does not constitute an obstacle to demanding reimbursement of amounts paid in excess of the paid capital.

No, concluding an annex in connection with the so-called the Anti-Spread Act has no significance for determining that the contract is invalid. The moment of concluding this contract is important.

The moment of concluding the contract is important. If the apartment was purchased for residential purposes and not for business purposes, it does not matter.

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