Do you have a loan repaid? You can still recover overpayment

You repaid a consumer loan to 80,000 zloty? You can still recover overpaid money – even if several years have passed. All thanks to the so -called free credit sanctions, which are entitled to many consumers on the basis of the former Act. Although this topic does not arouse such publicity as franc loans, it affects thousands of Poles and can mean real money to recover.

Repaid loan and free loan sanctions?

If the loan (up to PLN 80,000 or the equivalent of this amount) was taken for purposes not related to business activity in the period from 2001 to December 17, 2011, the consumer may recover overpayed funds thanks to the so -called free loan sanctions – even if the loan was repaid in full a few years ago.

– In accordance with the previously applicable Act on Consumer Credit, the use of the free loan sanction was not limited at the time, as at present and the fight may also take place years after repayment. Two issues are important for such a decision – whether we have a loan agreement and repayment stories – explains Agnieszka Sobczyk, a legal advisor at the K&L Legal Granat I partner law firm in a conversation with “Wprost”.

Repaid loan – how to recover overpaid money?

As the lawyer emphasizes, the analysis of the contract should be carried out based on art. 15 of the Consumer Credit Act of 2001 (hereinafter: Article 15 of the UKK).

– Let’s look for whether the contract contains clear and understandable rules for changing interest rates, fees and commissions. Often, despite the statutory requirement, the lender (Bank, SKOK or other loan institution) did not provide, next to the total cost of a separate information about the total amount of all costs, fees and commissions, to which the consumer was obliged to pay. If all these elements were in the contract, check whether the total cost of the loan (i.e. the amount due for the consumer) has been correctly calculated. Our experience shows that in no agreement whose analysis we have been entrusted to, this was correctly defined – notes Mec Sobczyk.

He adds that equally often institutions have ignored information about the right to repayment of the loan by the consumer in the contracts.