We represent borrowers at all stages of disputes with banks concerning the invalidity of foreign currency loan (mortgage) agreements, in particular so-called “Swiss franc loans” (indexed or denominated in Swiss francs). We provide support both at the pre-litigation stage and during court proceedings, including actions for a declaration of invalidity of loan agreements and for the recovery of amounts unduly paid to banks. In our practice, we also act on behalf of borrowers in proceedings involving the receivers or bankruptcy trustees of insolvent banks.

Although so-called Swiss franc loan cases currently constitute a significant part of ongoing court proceedings, and media coverage may suggest that these cases are “template” or routine, our experience shows that each case requires an individual approach. We provide a tailor-made litigation strategy – starting with a thorough analysis of the loan agreement and calculation of payments made by the borrower, through negotiations with the bank (including the evaluation of any settlement offers), applying for interim court measures, and continuing until a final court judgment and the settlement of mutual claims arising from the loan agreement.

We also represent borrowers in proceedings initiated by banks – most often concerning claims for the repayment of the loan principal. At present, banks frequently file such claims, sometimes even before the conclusion of proceedings seeking the invalidation of the loan agreement, in order to interrupt the limitation period for claims against borrowers.

In our practice to date, we have represented borrowers in disputes involving agreements concluded with, among others, the following banks: PKO BP S.A., Nordea Bank, BPH, GE Money Bank, Getin Bank.