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[2021-07-14] One more inquiry about the balance clause in the annex


Recently, I learned that Santander Bank was fined by the "Consumer protection office" for the use of the so-called balance clause in annexes to faulty loan contracts bound to CHF. Simply put, a customer who wanted to take advantage of credit holidays had to confirm his debt balance, which would probably make it difficult for him to pursue claims for Santander's use of abusive clauses in the original contracts. Santander was also forced to put the relevant information on their website. After reading this message, I decided to write an inquiry to my bank - Deutsche Bank. I wrote the following inquiry:

"Dear Sir or Madam,
I am writing with about the to case no. Xxxxx.
I have still not received any explanations from your company regarding the legal consequences of signing the annexe changing the terms of the contract (transition to permanent rates) containing the confirmation of initial debt balances (the so-called balance clause)
Is it already possible to meet up with a bank representative to explain to us the consequences of the balance clause?
Please note that in recent days, The Consumer Protection Office found the balance clause abusive in case of Santander Bank in credit holiday annexes. In our opinion, the situation is very similar to ours, in which similar clauses were made in the annex regarding conversion from variable interest rate to fixed interest rate.
Santander has been forced to place an appropriate statement on its website https://www.santander.pl/komunikat-kredyt-osawod .
Can we ask for a similar statement or simply to remove the balance clause from the annex? We also do not agree to penalties for early loan repayments.
We want to switch to fixed interest rate for as long period as possible, because that would enable us to pay off our debt well before the deadline and protect ourselves against the effects of an increase in WIBOR (interest rate factor). However, we want to be sure that the statements in the annex will not be used against us because we still claim that you used excessive spreads before conversion of loan currency from CHF to PLN which, thus exposing us to unpredictable costs, and we are planning to file a lawsuit about this.

Greetings

B and M "


The bank's response - as usual - disappointed us. We received the following information:

"Dear Sir,
thank you for contacting Deutsche Bank Polska S.A.
In response to your notification, I inform you that it has been forwarded to the Complaints Handling Office and registered under the number xxxxx.
The Bank is obliged to answer no later than 30 days from the date of receipt of the notification by the Bank. "


The bank cannot answer a few simple questions, but sets inquiries to complaint mode. So ... we are waiting for a reply. The response text will be posted here, so stay in touch.



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Contents / Spis tresci

Trick no. 1 : Mortgage loan selling procedure
Trick no. 2 : The spreads
Trick no. 3 : Contract repairment
Trick no. 4 : Convertion of loan currency
Trick no. 5 : Conversion of variable interest rate to fixed interest rate
Problem no. 1: What should be done
Problem no. 2: A very important question to finance specialists in poland
Problem no. 3: Inconsistency of Deutsche Bank procedures of foreign currency loans handling
Problem no. 4: Calculations before granting a CHF denominated loan
[2021-07-14] One more inquiry about the balance clause in the annex
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