Process for a loan in Swiss francs

One of our legal specialisations is providing services to clients from the financial technology sector (FinTech) and banking law, including the so-called Swiss Franc loan cases (Franc debtors). If you have a bank loan in Swiss Francs and are considering your chances and benefits of instituting proceedings against the bank, we encourage you to contact us. We provide a thorough document verification conducted by a team of professional lawyers, followed by the full representation during each stage of the proceedings and, consequently, the possibility of annulling the loan agreement or recovering the overpaid instalments. 

Fill out the form or contact us directly and we will conduct a free initial audit of your case to determine how we can help you.

    The data provided in the form will be processed by the RPMS Law Firm based in Poznań only for the purpose of processing the application and in accordance with the rules contained in Privacy Policy

    We offer:

    • Free preliminary case analysis. 
    • Full representation by professional attorneys at every stage of the proceedings, including pre-litigation, litigation and enforcement. 
    • Recognition of specific contractual clauses as abusive, and therefore not legally effective. 
    • Favourable billing terms tailored to the individual needs of our Clients. 

    Many times, banks use abusive contractual clauses, and for this reason you should entrust professionals with handling your Swiss Franc loan case. The probability that the installment was overpaid is high, so if you are paying off a loan in francs and you have doubts or questions about the contract, be sure to contact us. At the same time, it is assumed that only 25% of those entitled to file claims against the bank, will do so. By entrusting us with your case, you can be certain that it will be thoroughly analysed by a team of lawyers specialising in this field, who are bound not only by their professional ethics but also by the highest standards of legal service. 

    Check what we can do for you 

    Loan in francs - Check what we can do for you

    Franc loans are in fact not foreign currency loans, but indexed or denominated loans. 

    What is the difference? 

    • An indexed loan is a loan, which is paid out in the Polish zloty (PLN), the bank converts the amount of debt at the purchase rate of the Swiss franc (indexation). The loan instalment is therefore calculated in Swiss francs and on the instalment payment date it is converted into zlotys (PLN) in accordance with the bank’s table of exchange rates.
    • A denominated loan is a loan where the requested loan amount expressed in zlotys is converted into Swiss francs and expressed in an estimated way. Therefore, the denominated amount is not determined on the contract conclusion date, and the amount paid out and repaid by the borrower is expressed in zlotys (PLN), and the instalments are converted from Swiss francs into zlotys (PLN) at the sale rate.

    Most indexed and denominated loan agreements do not use a uniform measure of value to determine the liabilities on both the bank’s and the borrower’s side. These measures vary considerably: the bank’s liabilities are converted at a lower-than-average purchase rate for the foreign currency. In the case of the borrower, they are converted at the selling rate, which will obviously be higher. As a result, the bank gains and the borrower loses. This arrangement is the result of unfair contractual terms, which are not binding on consumers and constitute grounds for the recovery of overpaid instalments. 

    Statute of limitations 

    Despite the shortening of the statutory limitation periods, in the case of Swiss franc loan agreements for instalments repaid before the amendment to the Civil Code came into force, we have the opportunity to recover overpaid instalments over a period not exceeding 10 years, so it is worth to act quickly. 

    Our activities step by step

    The RPMS Staniszewski & Wspólnicy Legal Office provides comprehensive services in handling franc loan cases: 

    • A thorough analysis of the provided documentation, 
    • Preparation of tailor-made solutions and a proceedings strategy, 
    • Presentation of available options for pursuing claims, defining terms of cooperation and the legal office’s remuneration, 
    • Representation at every stage of the proceedings – both pre-litigation and litigation, 
    • Enforcing from the bank the implementation of the provisions ruled by the court, e.g. repayment of the determined amount or changing the repayment schedule.    

    What can you benefit from? 

    Cancellation of the loan agreement, which is undoubtedly the most beneficial option. Such a contract is treated as never having been concluded, and therefore the benefits that have been previously obtained by both parties, are returned. This means that in the case of an overpayment on the borrower’s part, the court ruling enables them to recover the difference between the amount repaid and the loan granted. It all depends on whether the loan has already been repaid or whether the borrower is just at the beginning of the contract.

    Declaring indexation clauses as abusive. In such a situation, the agreement is still valid, only the clauses regulating indexation are invalidated. The amount to be repaid is then recalculated from the franc index to zloty (PLN), excluding all the unfavourable contract all provisions. If the borrower has overpaid, they have the right to demand repayment. The remaining amount of the loan must be repaid according to the new schedule (without indexation to a foreign currency, i.e. in PLN).

    Why us?

    Our legal office is built from a team of specialised experts with many years of experience covering, among others, cases related to financial instruments, loan agreements, representation by the Polish.

    Financial Supervision Authority (PFSA) and a well-developed debt collection and litigation department.

    We approach each case individually, adjusting the terms of cooperation to the Client’s particular situation.

    Your security is guaranteed, since our specialists have obligatory civil liability insurance. 

    We are a law firm, therefore we conduct our affairs according to the profession of public trust code of ethics.

    Unlike other non-lawyer entities (e.g. limited liability companies), we can represent our Clients before courts.

    THE COST of Swiss Franc proceedings 

    1. We approach each case individually. We have the knowledge and developed methodology to effectively represent our Clients in proceedings involving franc loans. Therefore, we are able to offer a flexible billing system -tailored to the needs and capabilities of our clients. 
    2. By filling out the contact form or by contacting us directly, we will make a preliminary, free-of-charge case analysis and send you information about the costs of the proceedings.

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    RPMS Law Office
    Staniszewski & Partners

    Mickiewcza st 22/8
    Poznań 60-836