Return of overpayment from the repaid loan. How to fight for her?

Not every loan aroused media emotions like franc loans, but this does not mean that it does not matter to thousands of Poles. In particular, this applies to consumer loans up to PLN 80,000, taken for purposes not related to business activity in the years 2001–2011. Many of these contracts contained formal errors that may today allow the recovery of overpaid money – even if the obligation has been repaid a long time ago.

Repaid loan and free loan sanctions

According to the expert, determining irregularities opens the way to make a free loan statement.

– You should then formulate a request for payment of receivables, which has been unreasonably paid the loan institution in view of the amount due. This receivable will not include interest for delay, because they are not subject to sanctions, unless they were calculated from the arrears, which after the original payment of installments would not be justified. If the institution does not accept the request, there is a court. Importantly, even the response of the loan institution referring to the expiry of the annual deadline for notifying the statement should not discourage us, because the bank may also be wrong. The thing is that the annual date does not apply to the so -called Old portfolio – explains Agnieszka Sobczyk, a legal advisor at the K&L Legal Granat and Partnership Chancellery in an interview with “Wprost”.

As the lawyer emphasizes, in the case of a free loan sanction from the previous act, the scope or significance of the violation or its impact on the interests of the consumer does not matter.

– A feature of a free loan sanction from the point of view of protecting the interests of consumer is, the sanction occurs regardless of the degree of violation of information requirements, so one failure in this respect results in the possibility of the borrower to use the benefit of art. 15 UKK – explains Mec. Sobczyk.

As a result, consumers who have exercised the right to a free loan in accordance with art. 15 para. 1 of the Consumer Credit Act and made relevant written statements, have the right to demand a refund of overpaid amounts. This applies to money paid above the actual value of the loan received, in accordance with the provisions of the Civil Code.

Repaid loan and limitation of claims

The expert also draws attention to the issue of any limitation of claims.

-In the judgment of the CJEU of 10 June 2021 in case C-776/19, it was indicated that the limitation period for consumer claims related to the application of prohibited provisions (or free credit sanctions) in the contract, and regarding the request to reimburse the benefits paid on the basis of such provisions, he cannot start earlier than when the consumer has taken knowledge about the defect he concluded.

He explains that the limitation period begins to run from the moment the consumer calls the bank to return the money resulting from the free loan sanction, after making the appropriate statement.

– Therefore, there can be no question of limitation of claims pursued by consumers for the time when they did not know about the existence of their rights. So what remains? Check the contract and take a glove – sums up the lawyer.