On Wednesday, the Ombudsman General of the Court of Justice of the European Union (the CJEU) issued opinions on the sanctions of the free loan. In these matters, there are often companies against the bank that acquired a claim from consumers. Banks question the concluded contracts, indicating their abusiveness. We wrote more about it here.
Katarzyna Urbańska, director of the legal team of the Polish Bank Association (ZBP), referred to the matter. “Consumers should always pay attention to the consequences of signing the assignment agreement – The assignment agreement must be transparent and should take into account the correct interests of the consumer, “wrote Katarzyna Urbańska in the commentary.
In recent years, Polish courts have faced an avalanche of matters based on the use of the so -called free loan sanctions. An important part of the action in these cases is directed to courts against banks by compensation companies and parakancecella, and not by consumers acting independently. These entities refer to the assignment agreements previously concluded with consumers previously concluded with consumers.
See also: “Banks warn the regulations, they do not have to change contracts.” President of ZBP with free loans
“Although the Ombudsman did not find the obligation to examine the assignment agreement ex officio, such an agreement, in accordance with the applicable rules of the civil procedure, should be examined by the court on the allegation of a party to the proceedings. This means that in this case the court will have to analyze the assignment agreement, i.e. verify whether it does not contain illegal provisions” – wrote the director of the ZBP legal team.
“This will apply in particular to attachments to this agreement, in which the basic issue for the consumer is often placed in the form of his remuneration for the claim sold. Currently These attachments are “hidden” before the court by compensation companies (parakancelarie)” – she added.
Banks in counterattack to parakancecellare
ZBP believes that the opinion of the spokesman and the judgment of the Tribunal should aim to eliminate mass trade in consumer claims by entrepreneurs who specialized in the purchase of these claims from consumers for a fraction of their value.
“Consumer protection is to serve consumers, and not cause that the consumer is only an instrument to achieve profits by compensation companies (Parakancelarie)” – says Katarzyna Urbańska.
In addition – in her opinion – the position of the Ombudsman should incline the Polish legislator to introduce legal regulations of the activities of compensation companies (parakancecellare) on the legal services market.
“These companies – unlike the Law Firm and legal advisers – remain beyond any supervision, and their activities were not subject to statutory or ethical norms. This results in in particular the conduct of aggressive marketing campaigns aimed at encouraging the consumer to sell claims for a fraction of its value, “wrote the director of the legal team of the ZBP.
