X C 1220/20
AI generated
Consumer loan fee reduced proportionally for early repayment; assignment of claim upheld despite unclear price.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the defendant's objection regarding the validity of the debt assignment and ordered the bank to repay the plaintiff's claim. The plaintiff successfully argued that the loan fee must be reduced proportionally because the loan was repaid after only five months instead of the agreed sixty. Consequently, the court awarded the full claim amount plus statutory interest and shifted the procedural costs to the bank.
Legislator headnote
AI generatedArt. 49 ust. 1 ustawy o kredycie konsumenckim; Art. 58 § 2 k.c.: A loan fee must be reduced proportionally upon early repayment, and a debt assignment remains valid even if the sale price is unclear or partially paid.
Keywords
AI generated
consumer loan fee
early repayment reduction
assignment of claim
unclear sale price
proportional calculation
Cited Legislation
AI generatedArt. 49 ust. 1 ustawy o kredycie konsumenckim
Art. 58 § 2 k.c.
Art. 148 § 1 pkt 1 k.p.c.
Art. 98 § 1 i 2 k.p.c.
Art. 52 ustawy o kredycie konsumenckim
art. 58 § 2 k.c
Cited Case Law
AI generatedRelated Decisions
AI generatedI C 885/22
Court allows proportional reduction of loan fees for early repayment but dismisses pre-litigation interest claims due to statute of limitations.
VIII C 322/22
Court orders loan repayment and interest for breach of contract in a secured fund investment dispute.
II C 2248/21
Court dismissed defendant's appeal, ordering repayment of early repayment fee and interest to plaintiff.
I C 1938/20
Court allows consumer to recover prepaid fee proportionally upon early loan repayment under Consumer Credit Act.