The fight for Franc
Visit our website to learn more about the fight against the banks’ unfair practices against franking customers. Click here! You will gain detailed information about possible legal actions in the field of contract cancellation, loan de-franchising and examples of winning cases.
Turn a loan in Swiss Francs into a peaceful future!
Foreign currency loans, initially attractive due to low interest rates and greater creditworthiness, have proven problematic for many borrowers over time. The drastic rise in the exchange rate of the Swiss franc from around PLN 2 to PLN 5 in 2015 caused significant financial burdens. In addition, loan agreements often contained unfair clauses that negatively affected borrowers.
If you have a loan in francs, you should know that you have the right to apply for the cancellation of the loan agreement or the removal of prohibited clauses from it – so-called “de-franking.” Most of the contracts concluded between 2004 and 2010 contained provisions contrary to good practice, which violated the interests of borrowers. Such situations give you the upper hand in fighting for your rights, even during the course of a court case.
At Dowlegal Law Firm, we know that the cancellation of a loan agreement is possible, and with our knowledge and commitment, we are successfully proving the unfair practices of banks, protecting the interests of our clients.
Our activities
Since 2016, we have successfully represented borrowers nationwide in franking cases. We analyze hundreds of loan agreements, conducting cases against banks such as:
- Santander Consumer Bank,
- Mbank,
- Raiffeisen (former Polbank),
- PKO BP,
- Millennium, and many others.
Our support includes:
- Analysis of credit agreements – identification of prohibited clauses.
- Negotiations with banks – to find a favorable solution.
- Representation in court proceedings – aimed at cancellation of the contract or currency conversion of the loan.
- Help restore financial stability – by pursuing claims against banks.
Why Dowlegal?
With our extensive experience, hundreds of cases and numerous favorable court rulings, we are a leader in the field of protection of foreign currency borrowers. We publish our activities on dedicated websites: walkaofranka.pl and dowlegal.pl to share our knowledge and support frankowiczes in difficult situations.
Statistics of franking credits in Poland:
534 000
– Number of active franking credits.
907 000
– The total number of franking rate borrowers.
163.2 billion
– The value of active loans in CHF.
3,4%
– Francophiles with overdue obligations (more than 90 days).
Trust Dowlegal Law Firm
If you are looking for the support of an experienced franking law firm, trust our specialists. Send us your loan agreement, and our team of attorneys and legal advisors, with years of experience in franking cases, will quickly assess your situation and tell you whether you can free yourself from a franking loan.
We will help you regain control of your future.
Frequently asked questions
What does the cancellation of a franking credit mean and what are the consequences?
When the court cancels your loan, the situation is simple:
The bank gives you back EVERYTHING you paid (principal + interest + additional fees)
You return only the borrowed principal
The contract ceases to exist – no more installments and stress
It’s like a “reset” button for your finances – the bank loses the right to interest, and you regain control.
hat are the benefits to the borrower of cancelling a franking loan?
Answer: The cancellation of a franking loan allows the borrower to be completely free of the debt caused by the fluctuating exchange rate. The borrower can recover all the money paid over the value of the borrowed capital, including overpayments, commissions and other fees that were illegal.
This is not just a theory – thousands of Poles have already recovered their money this way. Now it’s your turn!
Do I have to pay loan installments if there is a lawsuit pending regarding my franking loan?
Yes, the borrower has an obligation to repay loan installments, even in the event of an ongoing lawsuit. Neglecting to make repayments can lead to negative legal consequences, such as debt collection proceedings or inclusion in the debtors’ registry.
Is it possible to get the money back after paying off the franking loan in full?
Yes, the borrower can also claim repayment of overpayments after the franking facility is fully repaid.
What clauses in a loan agreement can be considered unfair?
Loan agreements may contain abusive clauses regarding the bank’s unilateral determination of the exchange rate, which can lead to unclear contract terms. In addition, the borrower may not be adequately informed of the risks associated with exchange rate fluctuations.
How long does it take to litigate a franking credit case?
The duration of a franking loan lawsuit can vary, depending on the complexity of the case and the amount of evidence presented by the parties. It can last from a few months even to several years.
What are the consequences of entering into a loan agreement with an imprecisely defined franc exchange rate?
A loan agreement that allows the bank to unilaterally set the exchange rate can lead to instability in the amount of loan installments, which negatively affects the financial situation of the borrower. Such provisions may be considered abusive clauses and constitute grounds for invalidating the contract.
What exactly does franking credit cancellation cover?
The cancellation of a franking loan means that the contract is treated as invalid. The borrower recovers all the amounts paid, and the bank can demand the return of the principal paid. As a result, the borrower is freed from further obligations to the bank.
Can any credit agreement in francs be cancelled?
Most credit agreements concluded in francs can be invalidated. However, this depends on the specific provisions of the contract and the presence of prohibited clauses. It is crucial to contact an experienced lawyer who will analyze whether your contract contains provisions on unilateral fixing of the exchange rate that may be considered illegal.
What elements of a loan agreement should raise concerns?
Particular attention should be paid to provisions on exchange rate fixing, interest rate volatility and information on exchange rate risk. If the contract does not specify these issues, they may be prohibited clauses that provide grounds for claims.
Does the cancellation of a franking loan relieve the obligation to pay commissions and other fees?
Yes, cancellation of the loan agreement gives the borrower the right to return all fees charged by the bank, including commissions, insurance costs or other additional fees.
What documents are needed to start a franking credit lawsuit?
In order to start a lawsuit, it is necessary to present full loan documentation, including the loan agreement with addenda to the agreement if any, the repayment schedule, evidence of payments made and any correspondence with the bank. Each case is individual, so it is advisable to consult a lawyer who will carefully evaluate the required documents.
Are banks willing to negotiate on franking issues?
Banks are usually reluctant to negotiate, especially in loan cancellation cases. Our law firm, however, takes an effective approach and in many cases has been able to achieve favorable settlements outside the courtroom, at the settlement stage.
What if I am not sure if my credit agreement is unfavorable?
If you have doubts about the terms of your loan agreement, consult a lawyer specializing in foreign currency loans. He or she will help you identify prohibited clauses and advise you on how to proceed.
Will the cancellation of a franking loan affect my credit history?
The cancellation of a franking loan should not negatively affect your credit history, especially if the case ends with a favorable outcome. On the contrary, terminating the loan agreement without further obligations can improve your financial situation.
What are abusive clauses in the context of franking credits?
Abusive clauses are provisions in a contract that are unfair to consumers. In franking credits, these can be provisions on the exchange rate, which are imprecise and give the bank the ability to unilaterally set the terms of the contract. Such clauses may be grounds for invalidating the loan agreement.
How to effectively cancel a franking credit?
The process of canceling a franking loan requires legal expertise and proper preparation. Here are the key steps:
Consultation with an expert – A visit to a lawyer specializing in franking cases is essential. The specialist will make a comprehensive analysis of your contract in terms of the possibility of its cancellation.
Professional evaluation of documentation – An experienced law firm will analyze all loan documents, searching for possible irregularities and violations of consumer rights.
Preparation of a legal strategy – Based on the analysis, the lawyer will develop an optimal strategy of action, taking into account the specifics of your situation.
Representation before the court – The law firm will take care of comprehensive litigation services, including the preparation of a lawsuit and representation of your interests at every stage of the proceedings.
Remember that trying to handle such a complex case on your own can be risky. It is worth entrusting this task to professionals who have experience in similar cases and are familiar with current case law.
What are the costs of a franking lawsuit?
Court fee: PLN 1,000 (for filing a lawsuit).
Stamp duty for a power of attorney: PLN 17 per person (e.g., for a married couple, PLN 34).
Remuneration of the law firm: We set individually, usually as a percentage of the winnings.
Is it worth litigating with the bank or is it better to settle?
While a settlement with the bank may seem like a quicker solution, a court judgment usually offers greater benefits – such as a complete cancellation of the contract and a refund of overpaid funds. However, it is always a good idea to carefully review the bank’s offer before making any decision.
Who can file a lawsuit?
Anyone who has taken out a mortgage in Swiss francs-whether denominated or indexed.
What are the chances of winning?
Very high! Polish and European courts are increasingly taking the side of frankovichs – more than 98% of the verdicts are favorable to them.
Denominated vs. indexed credit – what’s the difference?
Denominated loan: the loan amount in the loan agreement is expressed in CHF and converted to PLN.
Indexed loan: the loan amount in the loan agreement is expressed in PLN, but the interest rate depends on the exchange rate of the franc.
