Abusiveness of Commissions
A common practice in the Polish consumer credit market is charging borrowers commissions that raise serious concerns.
Of course, every bank or lending company defending the amount of the commission will argue that it falls within the upper limit set by the legislator. However, this is an argument that can be effectively contested.
In recent years, a line of case law has emerged from the Court of Justice of the European Union in Luxembourg, which provides guidelines on how to interpret credit commissions. Primarily, the fact that a credit commission falls within statutory limits does not automatically mean that it is proportional and fair. The Court has repeatedly indicated that from the content of the credit agreement, the borrower must be guaranteed the ability to know and understand which actions and services provided by the lender justify the collected credit commission. Therefore, if the credit agreement lacks adequate information in this regard, and the commission is particularly high, for example, several thousand zlotys, this could indicate disproportionality and unfairness. Consequently, the borrower may seek a refund of such a credit commission.
Lexitor, as an entity specialized in pursuing claims against banks and lending companies, guarantees a free and reliable analysis of the credit agreement in terms of the possibility of recovering unduly charged credit commissions. Subsequently, Lexitor provides comprehensive legal and procedural support until the successful recovery of the credit commission. Our remuneration is only a commission payable after the successful enforcement of the claim from the bank or lending company. Importantly, the statute of limitations for claims in this area is long and can even cover credit agreements made many years ago. We invite you to send your credit agreement today for a free analysis.
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