In early November, the District Court of Katowice issued a groundbreaking decision on a PLN loan. According to it, the bank did not have the right to raise the WIBOR interest rate. As a result, the installment of this loan could be reduced from almost PLN 6.7 thousand to about PLN 1.7 thousand. zlotys.
Although it was not a sentence, but only a precautionary order, it could still be the beginning of a real “tsunami” in the entire banking sector. Especially if in other cases the courts have begun to issue similar sentences.
Now, however, we’re dealing with a big twist. It turns out that following a complaint filed by the bank in this case, the district court, by decision of December 22, 2022, revoked the guarantee from the beginning of November. This was reported by the Polish Banking Association.
“The court amended the impugned order to reject the plaintiffs’ request to secure credit. The foregoing means that the credit secure order does not exist in legal trades and has no effect,” the statement read. .
– In other words, it means that borrowers are obliged to repay the loan, taking into account WIBOR, as before – Tadeusz Białek, deputy chairman of the Polish Banking Association, stressed in his commentary on this matter.
The great revolution for banks and soft loans for customers will probably remain in the realm of “science fiction”. At least for now.
Loan without WIBOR? The story of the famous resolution
On the case we reported extensively in Business Insider Polska. Although it was not a verdict in the case, but a very important security decision, the consequences for the entire banking sector could be gigantic.
– This is probably the first such decision issued by a court in Poland – assessed later in Business Insider Polska, legal adviser Radosław Górski, whose law firm represents the zloty person. — the loan in PLN has been stripped of WIBOR, which in this case means a reduction in the installment of about 5 thousand. zlotys Adds.
If the line of jurisprudence throughout the country goes in this direction, the consequences for the banks could be deplorable. According to Business Insider Polska estimates, the sector could lose up to 84 billion zlotys on this.
Some lawyers admitted at the time that the decision of the Katowice District Court could be a breakthrough in the issuance of PLN loans. At the same time, however, they warned bank customers against over-optimism.
– If the court maintains the guarantee, the borrower will pay the installments without WIBOR for the duration of the lawsuit. However, as a precaution, I would advise you to postpone the remaining part of the unpaid installment in case of an unfavorable final decision – said legal adviser Adrian Goska of the SubiGo law firm in mid-November.
Now that the Katowice District Court has revoked the guarantee, an unfavorable final decision for the customer has become much more likely.
