President of the highest judicial level in the Republic of Serbia, Supreme Court of Cassation took a clear position that the banks have, in previous years, charged clients with loan processing costs when approving them with absolutely no legal basis. According to court's opinion, with loan agreements, the only acceptable costs are interest costs, therefore all other costs must be calculated and included in the interest cost.
This means that anybody who was charged with loan processing costs by the bank during the loan approval may claim all of those illegal costs.
We should note that this does not include only individuals. This also refers to loans of companies, taken for liquidity or the purchase of fixed or current assets. It refers to all situations where the banks contracted the clause for loan processing costs. It is estimated that the banks illegally acquired approximately 78 million EUR in this manner, from 2000 until present day.
In concluding the loan agreements with clients, the banks, even though this was illegal, included in such agreements special provisions that included so-called loan processing costs. Regardless of the amount of money taken as a loan, the bank always calculated this cost, in certain percentage. In most cases this percentage was from 0.5 to 1% of the total loan amount approved by the bank. This means that the cost of loan processing depended on the loan amount approved by the bank, while in all cases the bank performed the same volume of activities.
Additionally, with housing loan agreements the banks, with no legal basis, transferred the cost of property insurance to the client with the National Corporation for Housing Loan Insurance.
If you, at any time, paid any costs that were mentioned in this article when taking a loan, then you have the right to compensate such costs, including default interest. This right is not subject to statute of limitations, so you can initiate proceedings in front of the court regardless of whether you concluded the loan agreement as a natural or legal person, when you concluded it, whether it is closed or still active.
Zorica Pezrovic on 06.05.2018 08:55
Ukoliko je ovo stav VKS Srbije,ima nade da problem resimo u Srbiji!No VKS Srbije mora sto pre zauzeti stav po pitanjukredita ideksiranih u chf! U 13 drzava sudovi su doneli presude!NISTAVNI! Ukolilo se to uskoro ne desi postavlja se pitanje , ko to u Srbini sudi!?
ReplayLaki on 07.05.2018 07:40
To znači i da je indeksiranje u CHF valuti nezakonito, jer kako kaže predsednik VKS jedina zarada banke može da bude kamata.
ReplaySVM Support on 07.05.2018 15:48
@Laki,
Naš stav je bio da treba da podelimo vest Vrhovnog kasacionog suda, a dalja tumačenja ne bismo davali, ali zato možemo predložiti da se obratite svom advokatu ili pravniku ili nekom od onih sa kojima mi sarađujemo.