Swiss franc loans

What claims is a CHF-loan borrower entitled to?

A CHF-loan borrower may pursue, above all, a declaration that the contract is invalid (so-called annulment) or so-called de-franking (removal of the CHF indexation). Annulment means that the contract is treated as if it had never been concluded - the parties return to each other what they have rendered.

De-francation, on the other hand, involves removing the prohibited conversion clauses from the agreement and continuing to perform it as a złoty loan at the existing interest rate. In settlements, we apply the theory of two condictions, according to which the borrower's claim for the return of the instalments paid and the bank's claim for the return of the capital are independent of each other.

Is the bank entitled to remuneration for the use of the capital?

No - according to the case law of the CJEU, the bank is not entitled to remuneration for the use of capital after the annulment of a Swiss franc agreement. The Court of Justice of the European Union has clearly confirmed that the bank cannot pursue additional claims against the consumer beyond the return of the disbursed capital.

This favourable position significantly increases the profitability of a lawsuit and eliminates one of the main arguments with which banks tried to discourage borrowers from pursuing their rights.

What does the trial look like and against which banks do you conduct cases?

We begin the case by analysing your loan agreement and calculating the benefit that can be obtained. We then submit a complaint or demand to the bank and, should no agreement be reached, we file a statement of claim and represent you before the court up to a final and binding judgment.

We handle cases against a dozen or so banks that offered CHF loans. We serve clients from the Tri-City in person in Gdańsk and Gdynia, and those from other parts of Poland or living abroad - fully remotely.

How much does conducting a CHF-loan case cost?

We set the model of cooperation individually during the consultation, tailoring it to your preferences and the nature of the case. Sample billing models to choose from are:

• 6000 zł + 18% of the benefit obtained,
• 3500 zł + 30% of the benefit obtained,
• payment demand and statement of claim - 1800 zł + 800 zł for the calculation of claims,
• the calculation of claims alone - 1500 zł.

In addition, 300 zł net + VAT per hearing; the awarded costs of legal representation are covered by the bank. During the consultation we will jointly choose the option most advantageous in your situation. Book a consultation to learn your chances of winning and the estimated benefit.