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The decision and ruling of the Supreme Court of Cassation on the loan in Swiss francs has not yet been cooled and citizens have refilled the court deposits.
This time, they are suing and asking the banks to repay the money from the loan processing fee.
They believe that according to the Law of Obligations, a bank can have interest as the only salary, but that the client does not know what he is really paying even with full interest.
Ivana Josifović, from the Association of Judges and Prosecutors, states that, considering that the bank, as defendant, did not prove costs, the court concluded that these costs were not realistically determined.
Therefore, the provision of the contract by which the client is obliged to do so is indefinite or indeterminate for him, which makes it null and void ”, explains Josifović.
Lawyers charge for services when they receive disputes
What else is debatable, what do clients complain about, and what do lawyers trust? They are offering free representation for now as they will charge for services upon receiving disputes.
“We have seen in practice that these percentages range from one to 15 percent of the approved loan. Generally, the percentage is lower for the largest loans, that is, housing, and the highest percentage was for the quickest and smallest cash loans “, explains Dejan Gavrilovic of consumer associations” Efektiva “.
There are even banks, he adds, that have hired him for a fixed amount. “They approve 100,000 and take 12,000 for loan processing costs,” says Gavrilović.
Costs must be proportional to the effort invested
Unlike the court, which refers to the Law of Obligations, the National Bank says that the Law of Banks regulates the work of banks.
“Banks have the right to charge loan processing costs, but must inform citizens about all elements of the contract and risks. When approving loans, loan processing costs must be uniform in proportion to the effort invested,” states the NBS.
Proposal to move lawsuits from ordinary courts
The Association of Judges and Prosecutors proposes that the lawsuits for illegal collection of fees be withdrawn from the ordinary courts and resolved out of court.
They say that it is also useful for banks, because they obviously lose disputes and all costs will fall on your account.
“First of all, the state obtains satisfied citizens, obtains relieved courts, processes all other cases in a reasonable time, and avoids and distances itself from the obvious and certain costs for damages due to trials outside a reasonable time,” says Josifovic .
If clients have lost their original loan documentation, it will be difficult to obtain copies from the bank, although they are entitled to do so.
If they win the dispute and the bank has failed in the meantime, they will await the liquidation of the bankrupt estate. If the bank is sold, the court will ask the new owner for compensation.
