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Final Ruling: Bank Returned 150,000 Kuna Overpaid Loan in Francs

Plaintiff Vlado Podbrežnički from Varaždin has enforced a final ruling against Hypo/Addiko bank for an amount of approximately 150,000 kuna, which has been credited to Podbrežnički’s account, reports the Franak Association. The ruling established that Hypo/Addiko must return 11,009.86 CHF in kuna equivalent on the day of payment plus the applicable default interest. After the ruling became enforceable, the plaintiff initiated enforcement proceedings which successfully concluded with the enforcement against Hypo/Addiko for an amount of approximately 150,000 kuna.

>>>Franak Association: The bank must return overpaid interest despite the conversion of the loan from francs to euros

The association learns from the plaintiff that he will initiate a new lawsuit demanding that his contract be declared null and void and that Hypo/Addiko return everything he paid to the bank based on the null contract, or that the bank compensates him for the exchange rate difference, which according to Franak’s estimates likely amounts to at least as much as has already been paid based on the overpaid interest. This was a loan with a CHF currency clause that was disbursed in the amount of approximately 360,000 kuna.

The Franak Association assesses that this ruling is proof that banks will undoubtedly pay all their debts, if not willingly, then certainly through enforcement proceedings since the ruling is an enforceable document, and funds are deducted from the bank’s account, held for 60 days, and then deposited into the plaintiff’s account.

>>>Franak Association: Two rulings in favor of the plaintiff – amount ruled in francs

Franak also conveys information from Slovenia where another first-instance ruling has been made establishing that the contract with a CHF currency clause is null and void. Since Slovenia already has such a final ruling, it is evident that Slovenia has confirmed judicial practice on this issue, and there is no turning back. Every CHF debtor in Slovenia can rightfully expect that their contract will be declared null and void in court, assesses Franak.

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Judicial practice in Croatia is also moving in a positive direction for affected citizens, as nullity has already been ruled multiple times after the conversion, according to the Franak Association.