Do loan companies always act in accordance with the principles of social coexistence? Generally, the goal of a loan company is to achieve the highest possible profit, which does not always translate into the interest of the client. In addition, one should pay attention to the fact that loan companies receive people who have problems with creditworthiness.
Such clients are exposed to the risk that they will not pay back and due to this fact, higher margins are imposed than at the bank. Considering the contracts that are concluded by clients with loan companies, they usually have more illegal provisions or are not always legal.
And what are abusive clauses? What more can you hear about them?
There are various entities in legal trading – such classification is simple, you can enter into contracts with either the entrepreneur or the consumer. The entrepreneur, due to the fact that he conducts business activity, is more aware of risks and may conclude contracts that are unfavorable to him but are in some way relevant. It has the opportunity for greater protection.
However, the majority of contracts are concluded by consumers. Consumers are not able to negotiate contracts, they enter into the contract and do not decide on its content.
In Polish law, there are provisions in the Civil Code, which state that certain contractual provisions cannot be binding on the consumer. The general rule is that when signing a contract with an entrepreneur using a non-negotiable model contract, the entrepreneur should avoid the unlawful contractual provisions, i.e. abusive clauses.
However, if such a clause is in the contract, the contract is binding for the consumer, but the provision is not. If such a provision has not been established individually and violates the client’s interest, it is not binding and you can defend against it before the court, even if the contract has been signed.
The general rule is that contracts must be complied with
But if the consumer finds himself in this situation, he may rely on this illegal provision and may say that he will not comply with this provision.
And if the client finds himself, or with the help of a lawyer, that such provisions are in the contracts – does GOING to court have a chance to win?
I analyzed many court cases against banks and loan companies. Even if consumers filed objections to lawsuits, where the company was represented by a lawyer and this objection was not well-founded, consumers were still winning these cases.
If the contract contained an abusive clause – the court will automatically take this into account and determine that the entity may not use such provisions. This means that there cannot be any provisions in the contract that is prohibited by law.