Banking Law

STERRN  provides legal services for individuals and entrepreneurs in the field of banking law and disputes with banks, payment and loan institutions. We have extensive experience in litigation with credit and loan providers. Last year alone, we acted as a representative in over 650 court disputes with banks and loan institutions.

Law banking is one of the branches of law, within which our team provides legal services. Specialization in this field, as well as knowledge of civil and economic law, allowed us to develop an effective know-how, which we use in disputes with banks and loan providers.

Banking Law – Legal Services for Businesses

Running a business often requires obtaining financial resources from outside. Such resources are usually obtained by entrepreneurs in the form of loans granted by banks. As part of the services we provide, we support entrepreneurs at the stage of reviewing loan agreements, negotiate with banks, as well as advise on the establishment of security. An analysis of the documentation presented by the bank may contribute to providing the borrower with adequate protection in the future. In particular, in cases where the loan agreement is terminated by the bank.

As part of legal services in the field of banking law for entrepreneurs, our law firm provides services including:

• Negotiating with banks and financial institutions restructuring agreements,
• Legal and negotiation support for contracts including loan, leasing, factoring, private equity investment funds,
• Preparation of legal analyses and opinions in the field of banking law,
• Legal advice on the establishment and transfer of security,
• Advice on the settlement of transactions on capital markets: options, currencies, spot contracts, OTC,
• Analysis and opinion of loan agreements and other agreements concluded with banks and financial institutions.

Tax Advisory for the Banking and Financial Institutions Sector

The firm also has a specialized tax department, where experienced tax advisors also solve tax law issues for the banking sector and financial institutions.

Banking Law services for natural persons

Over the last few years, our Law Firm’s lawyers have specialized in litigation with banks. These cases have included both claims against banks and representing individuals sued by banks due to breach of loan agreements. Our lawyers have also conducted a number of court proceedings against payment and loan institutions.

Banking Law – as part of legal services for individuals, the firm provides services in the field of:

Swiss franc mortgages

Our law firm handles cases against banks for claims related to Swiss franc mortgages. We handle index-linked/indexed and denominated loans. The proceedings we handle are those that have already been settled by full repayment of the loan, as well as those that are still ongoing.

We operate throughout the country. Our team handles several hundred franc cases throughout Poland. Each client has a dedicated lawyer/legal advisor, ensuring constant care for the case.

The actions taken by our lawyers are aimed at, among other things, the complete invalidation of the contract. Such a solution means that the loan agreement is treated as if it had never been concluded. In such a case, both parties should mutually return the benefits provided. Our clients can demand, with such a solution, an immediate return of the funds paid so far – installments, interest, fees. Another solution used by us is the so-called de-francisation of the loan – which involves the removal of the provisions concerning the Swiss franc from the contract. This involves proving that the loan taken out was never a franc loan.

Our range of services for mortgage borrowers includes, among others:

• Free case analysis;
• Calculation of claims;
• Preparation of a payment demand addressed to the bank;
• Preparation of a lawsuit against the bank;
• Application for securing the claim by suspending the repayment of capital installments and prohibiting the bank from terminating the contract;
• Representation before the Court of First and Second Instance during the court proceedings;
• Enforcement of awarded claims.

In addition, we represent clients:

• in cases of remuneration for the use of capital;
• in disputes with banks, in which the bank has terminated the loan agreement and referred the case to court proceedings;
• in disputes with Securitization Funds, which have acquired receivables from banks in connection with the termination of foreign currency contracts.

In the case of so-called Swiss franc loans, we are conducting proceedings against the following banks:

• Getin Noble Bank
• Bank Millennium
• PKO BP (Nordea Bank)
• Raiffeisen Bank
• mBank (BRE Bank, Multibank)
• Santander Consumer Bank
• Santander Bank Polska
• Bank PEKAO
• BOŚ Bank
• Bank Handlowy
• BNP Paribas (BGŻ)
• Deutsche Bank
• Bank BPH
• ING Bank Śląski

Our lawyers also handle proceedings in foreign currency denominated loans against the following banks:

• BOŚ Bank
• BGŻ BNP Paribas
• BPH (PeKaO S.A.)
• Credit Agricole Bank Polska
• Deutsche Bank
• Powszechna Kasa Oszczędności Bank Polska

Our actions consist, first and foremost, of analyzing the documents provided by the Client (loan agreement with attachments, regulations, annexes). After its completion, the Client is presented with possible options and their consequences. Each case is treated by us individually, if after presenting the terms of cooperation the Client decides to entrust us with the case – we take further action on behalf of the Client. Appropriately at the pre-trial and court stages.

Polisolokaty

Polisolokaty, also known as investment policies, are life insurance contracts with an insurance capital fund (UFK). The subject contracts involve periodic payments by the Insured of funds to various investment funds in order to achieve a large profit. This is at least how Insurers present it. The information presented by Insurers does not fully reflect reality, as polisolokaty are actually nothing more than long-term investments, which are associated with a high risk. Insurers also do not mention the fees they charge, such as liquidation fees, administrative fees, and management costs. These fees are particularly important as they often constitute up to 100% of the capital paid by the Insured.

We are a law firm with experience in recovering funds paid by the Insured for so-called polisolokaty. We represent clients in disputes against such Insurance Companies as AEGON, VIENNA LIFE (formerly SKANDIA), GENERALI, AXA, OPEN LIFE, EUROPA, COMPENSA, AVIVA, ALLIANZ, NORDEA, ING, HDI GERLING, UNIQA, PZU, CONCORDIA.

The range of services we provide for holders of life insurance investment policies (Polisolkaty) includes, among others:

• Free analysis of documents;
• Presentation to the Client of possible actions with indication of the consequences of each action;
• Calculation of the amount of claims;
• Preparation of a payment demand;
• Preparation of a lawsuit;
• Representation before the Court of First and Second Instance during the conducted court proceedings;
• Enforcement of the awarded claims.

The sanction of free credit

The Consumer Credit Act introduced a special type of penalty imposed on the lender in the form of a free credit sanction. This sanction is imposed on the lender if the consumer credit agreement has been prepared incorrectly.

If the consumer credit agreement (loan agreement or credit agreement as defined by banking law, granted to a consumer in an amount not exceeding PLN 255,550 or an equivalent amount in a currency other than Polish zloty) concluded by the consumer contains errors that allow the free credit sanction to be used, the consumer acquires the right to demand a refund of the credit costs – as a result, the agreement still applies and the consumer only returns the borrowed capital. As a result of this, the loan installment paid by the consumer is reduced. After the application of the free credit sanction, the installment is recalculated, with the credit costs being omitted. If the loan has already been repaid – the consumer can demand a refund of the costs paid – it should be emphasized that he has one year to do so, counting from the date of its performance.

The possibility for the consumer to use the free credit sanction is conditioned by the provisions of Articles 29-33 and 33a and 36a-36c of the Consumer Credit Act. The free credit sanction can be applied in the event of a breach by the borrower:

1. Requirements regarding the form of legal act (the contract should be concluded in writing unless the regulations allow for another special form);
2. Information obligations – which relate to all credit agreements and detailed information obligations which relate to specific types of credit. This infringement relates not only to the failure to provide information but also to providing it in an inappropriate manner.

The use of the free loan sanction is only possible for a period of 1 year from the date of the contract – i.e. from the date on which all the obligations of the borrower and the lender have been fulfilled in full.

The essence of the free loan sanction is that in case of the lender’s breach of the information obligations, the borrower who is a consumer will have the possibility of returning only the capital, without the need to return to the lender interest and other loan costs.

The defaults that open up the possibility for the borrower to use the free loan sanction include, inter alia:

1. Failure to enter into a written agreement (subject to provisions providing for a different special form);
2. Failure to include the consumer’s name, surname and address in the contract;
3. Failure to indicate the type of loan, the total amount of the loan, the duration of the loan, the date and method of payment of the loan, the APR, the interest rate of the loan and the conditions and procedures for its change, including the indication of the index or reference rate if applicable to the original interest rate of the loan, the total amount to be paid by the consumer;
4. Burdening the borrower with costs other than interest on the loan in an amount exceeding the limits set out in Articles 36a-36c of the Consumer Credit Act.

Our lawyers have experience in representing clients in matters concerning the possibility of taking advantage of the free loan sanction. Legal assistance in this scope includes an analysis of the contract and the factual state of the case, as well as actions aimed at applying the free loan sanction to the client (representation in contacts with the Bank).

Why STERRN Law Firm for your banking law needs? 

We have years of experience in court, administrative and ongoing legal support of entities from the banking sector as well as individuals and entrepreneurs in banking law disputes. Last year alone, we conducted and successfully completed over 650 proceedings for our Clients. Practical and specialized knowledge and understanding of the banking and financial sector gives us unique experience and capabilities to provide legal representation in wide range of proceedings.