Swiss Franc Loans: Distinction Between Indexed and Denominated Loans?
A Swiss franc loans law firm has a speciality in helping clients in the financial technology (FinTech) and banking law industries. This includes all kinds of cases involving people who have loans in Swiss francs, which are called "Swiss franc affairs" (franchisees).
Indexed
Indexed loans are franc loans with payments made in zlotys; the bank converts the amount owed at the franc's buying rate (indexing). As a result, the loan instalment is determined in Swiss francs, and on the due date, it is translated into zlotys using the selling rate listed in the bank's exchange rate chart.
Denominated
A loan that has been denominated is one for which the desired loan amount, expressed in PLN, has been converted into Swiss francs (CHF) and expressed as an estimate.
As a result, the denominated amount is unknown on the day the contract is signed, and since the borrower's payments and repayments are expressed in PLN, Swiss francs are translated to PLN at the selling rate for each instalment.
Differences between the two
The majority of indexed and denominated loan agreements (Swiss franc loans) do not identify the number of liabilities on the part of the bank and the borrower using a consistent measure of value.
These measurements are very different from one another because the bank's liabilities are translated at the lower-than-average purchase rate of the foreign currency (the Swiss franc).
But in the borrower's situation, they are converted in accordance with the selling rate, which is obviously higher. Because the borrower has no understanding of what the loan amount is actually for when they enter into a loan agreement of this kind with the bank, the bank benefits and the borrower loses.
This agreement is the outcome of the use of unfair contract clauses, which are not binding on consumers and serve as the foundation for the recovery of overpaid instalments, as backed by the CJEU's legal precedent.
What's worse is that banks frequently breach their disclosure responsibilities in the event of such loans, in addition to using unlawful provisions. However, if the risk were clearly explained, many customers would reconsider their decision to sign a loan agreement of this nature after discovering how risky it is.
These are very good reasons to file a lawsuit and frequently win hundreds of zlotys in court. Additionally, the situation with regard to Swiss franc loans is getting better, and in the current legal climate, judges are ruling in favour of clients in bank dispute cases more and more frequently.
Therefore, do not delay in finding a lawyer with us who specialises in these types of disputes if you have a loan in francs.
Prescription
Despite the statutory limitation periods being shortened, you still have the option of recovering overpaid instalments that are no older than 10 years as of the date of grant for loans made in Swiss francs.
For this reason, it is important to take action quickly, preferably with the assistance of a specialist attorney. Do not hesitate to contact us by phone or email at the office's address.
By law, you are only permitted to request payments for loans in Swiss francs that have a repayment term of more than 10 years. The remaining payments expire and become void.
Why Hire a Swiss Francs Law Firm?
There are many reasons to hire a reputable kredyty frankowe kancelaria and the best ones will provide a free initial case analysis.
You can expect full legal counsel at all stages of the proceedings, including the pretrial, court, and enforcement phases.
The law firm will help recognise certain contract phrases as illegal and prevent them from having any legal effect during court proceedings, It is the quickest and most effective resolution of the issue.