The Office of Competition and Consumer Protection (OCCP) have given their opinion in the judicial dispute between MBank and borrowers of Swiss Francs concerning the alleged overpricing at loan installment repayments.
Dorota Karczewska did not answer the question about the final opinion of OCCP, however she stated that “in the case of those cheated by MBank there is a method to work out a positive soluction, and which also can be used with regard to other people who took loans in Swiss Francs” From recently OCCP may on its own initiative or at the request of the court express an opinion an ongoing easy before court, or give an opinion on whether a provision of a master agreement or practice may affect the of the consumer. This opinion is not binding for the court.
OCCP has not yet given an official position on this specific case, however, the current discussions on about a liability of banks for the issue of foreign currency loans have the view in the words of the President of OCCP Adam Jasser – banks should bear part of the costs associated with dramatic interested the Swiss Franc rate to calculate the interest on foreign currency loans and they have just imposed on the bank of 6.5 million pln penalty for not taking into account the negative interest rates on mortgage loans in Francs. Also they ordered the bank to remove the effects of the infringement and return to borrowers the amount resulting from the negative. The judgment is not final.