Legislator Case Law & Legislation
I C 63/24 AI generated

Consumer credit contract dismissed due to invalid administrative fees and full repayment by defendant.

Case Number I C 63/24
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court dismissed the bank's claim for the remaining balance because the defendant had already repaid the entire loan principal and interest. The plaintiff argued for the full debt including administrative fees, while the defendant contested the contract's validity citing prohibited clauses and the Consumer Credit Act. The court ruled that since the defendant paid more than the valid debt amount, the obligation ceased, and the bank must pay the defendant's legal costs.

Legislator headnote

AI generated

Ustawa o kredycie konsumenckim; Art. 36a ust. 1 pkt 6, 7, 10; When administrative fees in a consumer credit contract are not individually agreed upon, they are invalid, and if the borrower repays the valid debt in full, the creditor's claim for additional amounts is extinguished.

Keywords

AI generated
consumer credit contract prohibited clauses administrative fees full repayment invalid contract terms consumer protection law legal costs award

Cited Legislation

AI generated
art. 30 ust. 1 pkt 6, 7 i 10 ustawy o kredycie konsumenckim
art. 36a ustawy o kredycie konsumenckim
art. 98 § 1, § 1 1 kpc
art. 108 kpc

Cited Case Law

AI generated
AI generated

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