Mass letters from PKO BP to Swiss franc borrowers. What should borrowers do?
For several days now, PKO Bank Polski has been sending correspondence to customers with Swiss franc loans. At the same time, the bank reminds consumers of their rights and suggests that they voluntarily waive them. What should Swiss franc holders who received such letters do?
A few days ago we reported (via FrankNews.pl) that PKO Bank Polski was sending payment requests en masse to its customers. “Even Swiss franc holders who have not yet sued the bank for the invalidity of the contract or for payment receive them. Legal experts indicate that PKO BP has another hidden goal by sending these letters. Franc holders of this bank should read the content of this article to learn how to protect their interests against the attempts of a clever entrepreneur,” wrote the tailcoat news service.
PKO BP sends letters to customers
These are two documents: “Information on the borrower’s situation” and “Demand for payment”. In the first, the bank reminds about consumer rights, and in the second, it suggests that customers voluntarily waive them.
This is an attempt by PKO BP to put pressure on borrowers. In this way, the bank may try to activate mechanisms for charging statutory interest for late payment, which currently amounts to 11.25% per annum. It may also seek to obtain statements from customers that could prove their voluntary waiver of claims against the bank.
We asked PKO BP for a comment, but despite several days, no one contacted us. So let’s give the floor to the legal advisors from the Gryf law firm in Szczecin who analyzed this situation.
They explain (what we also wrote about) that the current situation is based on key judgments of the CJEU from December 2023 and the resolution of the Supreme Court from April 2024. According to these decisions, the limitation period for bank claims against borrowers begins to run from the moment the lawsuit, complaint or request for payment is delivered. As a result, many such claims may have already become statute-barred, which significantly limits banks’ ability to seek repayment of capital.
Moreover, national courts issued at least three judgments dismissing banks’ claims for the return of funds, which proves the growing scale of problems for financial institutions in these matters. “In the face of these difficulties, the documents sent by PKO BP may be an attempt to protect their interests against unfavorable legal consequences,” suspects lawyer Justyna Opoka, the author of the text.
How should PKO BP customers react?
First: peace and no nervous movements. It is a good idea to consult any uncertainties with a lawyer. “The correspondence sent by PKO BP should be a signal for Swiss franc borrowers to re-examine their legal situation. Changed case law and the possibility of limitation of claims may constitute important arguments in disputes with banks. If in doubt, it is best to consult a lawyer who will help you properly protect your clients’ interests,” the lawyer suggests.
