The Financial Ombudsman joined a court case in which the Dziubak family will defend themselves against Raiffeisen’s claim for remuneration for using capital. In total, the bank demands from them almost twice as much as they borrowed, i.e. around 800,000 PLN.
– I have been saying for a long time that neither Polish nor EU law has a legal basis for such expectations on the part of the bank. In addition, I believe that in this case the size of the claim is to act as a deterrent to other customers from pursuing their claims. That is why I decided to join the case initiated by Raiffeisen Bank International AG Branch in Poland against Justyna Dziubak and Kamil Dziubak. I hope that our support and arguments will allow them to effectively defend themselves against the bank’s claims – says dr. hab. Mariusz Jerzy Golecki, professor at the University of Łódź, Financial Ombudsman.
The case concerns a mortgage which was taken 2008. The bank’s customers borrowed 400,000 PLN and the loan value was indexed to CHF. After several years of paying installments, the borrowers filed a lawsuit against the bank for the cancellation of the loan agreement and the return of the undue benefit in the form of the sum of their installments.
The bank, without waiting for a final decision of the nullity of the agreement by the court, called on the Dziubak family to pay for the use of its capital. Next, the bank filed a lawsuit with the court for the payment of the nominal amount of the loan with an additional demand for its indexation by the court and the amount constituting, in the opinion of the bank, remuneration for using its capital. In total, the bank demands from the Dziubak family almost twice the amount of financing provided. In the opinion of the bank, in the event of a final court ruling on the invalidity of the agreement, the Dziubak family will be unjustifiably enriched, which justifies the filing of a lawsuit.
