Banks put ON CLEAN WATER"!!!...do not overpay... - news on real estate, Kiev, Kyiv region. Real Estate In Ukraine
Most of the banks will not be able in court to substantiate the amount of the increase in lending rates...Most of the banks will not be able in court to substantiate the amount of the increase in lending ratesBorrowers who due to an increase in Bank interest rates on loans were in financial distress lawyers are advised to file lawsuits against the Bank and demand justify the rate increase.In particular, according to managing partner of the legal company "Alexeyev, Boyarchuk and partners" Sergey Alekseev, if the borrower sued, the court will have to get a Bank two answers: "first, whether there is agreement between the borrower and the Bank corresponding item according to which the Bank is entitled to unilaterally raise rates. Having worked 4 years in the Bank, I can assure you that in most contracts this item is. And second, the court will have to get a Bank justification - why the increased rates on such amount." "In my opinion, if the fact of increase of rates possible is valid, the amount by which the banks have increased the cost of credit, may be unfounded in most cases," - said Alekseev.Managing partner Sergey Boyarchuk also added that borrowers can successfully exploit the opportunities of civil law, in which there is the concept of the so-called presumption of guilt. Unlike criminal law where the accused party is innocent (the presumption of innocence), in civil law initially accused party must prove that its actions were lawful. "Thus, in the court of the Bank will be forced to justify their actions is that he unilaterally raised interest rates and why the same amount," - says S. Boyarchuk.At the moment most banks argue that their actions increase the NBU discount rate from 10% to 12%, and rising prices of resources in the interbank market. However, according to lawyers, this does not entitle tinucherian to be arbitrary in the matter of increase of rates. "If the court could not justify the increase in rates on loans, the court will oblige him to recalculate the borrower's credit conditions since the rate increase. The overpaid amount will have to return or adequately reduce the principal amount of the loan", - said Alekseev.Lawyers sure if lenders will begin to file lawsuits against the banks, it will create a certain jurisprudence and the banks will be more cautious in matters of changes in interest rates on loans. According to lawyers, to start litigation makes sense, especially for people a personal budget which was on the verge of default in connection with dorozanski loans.