Sale of franc claims. Is it worth it?
The sale of franc claims tempts borrowers. Experts warn – this may mean a loss of part of capital and control over the case.
The topic of buying claims related to franc loans. At first glance, this may seem a convenient solution for people who want to avoid a long -term dispute with a bank and court costs. However, from the point of view of law, such decisions have serious consequences.
– The sale of franc claims raises controversy, and the key issue is to pay attention to the settlement of capital – explains in an interview with “Wprost” MEC franc.
Sale of claims and claims for paying off capital installments
According to experts, customers who decide to sell their claims often lose 50 to 70 percent, and in extreme cases even 85–90 percent. receivables.
However, according to a lawyer, a consumer who sells the claim for a fraction of its price should not get rid of claims from the payable capital, interest installments, commission fees or insurance to the extent that the bank requests the return of an undue benefit from him, which he provided him.
– A company acquiring the claim for a fraction of its price may apply to the court for a refund of all installments on the basis of an incorrect contract. After losing, however, the bank will not ask her for a refund of capital as an undue benefit, but to the consumer to whom it gave it. You can only sell what we are entitled to, not what someone – in this case, may demand from us – explains Agnieszka Sobczyk.
Sale of claims and abusive clauses
The expert draws attention to another important issue, namely abusive clauses.
– When concluding such a contract, it is worth paying attention to the abusive clauses, because they should be examined by the court ex officio. It is about the breakdown of losers and the right to a possible regression, i.e. return claims after a possible loss. Despite the 97 or even 98 percent Effectiveness, not all matters are won – notes Agnieszka Sobczyk.
Should claims be sold?
There are even voices that such claims cannot be traded, because it distorts the sense of consumer protection.
-The case is pending in the CJEU (reference number C-80/24) regarding debt assignments in the context of the “free credit sanctions” and practices of companies buying these claims from consumers. The court in Poland asks if the practices of companies consisting in concluding grants of debt assignments and collecting a significant part of the recovered amount are in line with EU, in particular with abusive clauses – says Sobczyk.
It indicates that the same comments can be referred to sale from franc contracts.
-In the C-396/24 judgment, it was indicated that the bank cannot sue without the consumer funds it has. The sale of claims leads to the separation of these roles – the consumer as a creditor and debtor. Therefore, before we sell claims, let’s check that the contract does not contain prohibited clauses and properly protects our interests – sums up the lawyer.
