CLAIMS AGAINST BANKS

The “Ječmenica R. Ivan” law office represents clients in court proceedings against banks. It is known that in recent years, the business practice of banks has been fraught with numerous illegalities, among which the following stand out: collection of costs for processing loan requests and exchange rate differences.

Given that it is common knowledge that commercial banks in the previous 15 years, when charging loan processing costs , did not specify to their clients what the said costs consist of, it follows that the provisions of the loan agreement, which provided for the payment of these costs, are null and void . Therefore, the Supreme Court of Cassation took the view that banks acted illegally when they charged loan processing costs in the manner described. Therefore, clients have the right to file lawsuits against banks to which they request the return of the amount they paid in the name of loan processing costs increased by the legal default interest starting from the moment of payment of the loan processing costs.

In addition, in the case of housing loan contracts, the banks passed on the costs of the loan insurance commission at the National Loan Insurance Corporation (hereinafter: NKOSK ) to the loan beneficiary-bank client. This behavior of banks is illegal, considering that loan insurance with NKOSK is actually bank insurance , with which it secures its credit position in case of client insolvency. Therefore, the client of the bank does not get any benefit from the mentioned insurance, and he is obliged to pay the same when approving the loan.

On the other hand, so-called exchange rate differences refer to the illegal provisions of the loan agreement according to which the banks gave foreign currency loans to the borrowers at the bank’s buying rate (which is always lower) while demanding that the loan borrowers repay them in installments at the selling rate (which is always higher). In this way, the banks became unjustly enriched while at the same time putting the borrower in an unequal position. Therefore, customers have the right to file lawsuits against the banks they are requesting to return the so-called exchange rate difference increased by the legal default interest starting from the moment of payment of each individual installment of the loan.

Within our law office for lawsuits against banks, clients can receive the following legal services:

• Filing lawsuits against banks due to the collection of loan processing costs
• Filing lawsuits against banks due to the collection of commissions for loan insurance at NKOSK
• Filing lawsuits against banks due to the so-called exchange rate differences
• Filing lawsuits against banks for collection of loan monitoring costs
• Representation of clients in all court proceedings against banks

For more information, please read our blog on the illegality of charging loan processing costs in light of the position of the Supreme Court of Cassation on this issue, as well as our blog on the illegality of charging commissions for loan insurance at NKOSK in light of the judgments of the High Court in Belgrade.