President of the Office of Competition and Consumer Protection Tomasz Chróstny issued 3 decisions against Getin Noble Bank (GNB). They pertain to the recognition of amendment clauses as prohibited contractual provisions, unilateral amendment of mortgage loan agreements and misleading in offering GetBack bonds. The decisions of the President of UOKiK enable injured consumers to pursue their claims in court. Once the decisions are legally binding, they will become a prejudicial ruling. This means that the findings of the President of the Office concerning entrepreneur’s practices that infringe collective consumer interests or use of prohibited clause are binding upon courts.
In its investigation, the Office also verified whether and how Getin Noble Bank settled accounts with individuals who had already repaid consumer loan. As a result of the UOKiK’s efforts, the entrepreneur has changed the settlement method to a linear method that is more beneficial to consumers.
First decision – unilateral amendment in mortgage loan agreements
The President of UOKiK concluded that Getin Noble Bank misled its customers when communicating amendments to the provisions of mortgage loan agreements, including those indexed to the Swiss franc. In 2016, the bank’s customers received letters informing them that – as of the new year – the bank was going to clarify the method of calculating foreign currency exchange rates. In addition, it superseded the provisions on the Bank Enforcement Title (BTE) with provisions on a possible obligation to issue a declaration of submission to execution on the plea of art. 777 of the Code of Civil Procedure, which could entail the conclusion of a notarial deed and would facilitate the bank’s future claims. This was related to the revocation of the BTE by the Constitutional Tribunal; however, this judgment does not empower the bank to include other forms of collaterals in the agreements. The Office contested such actions.
For the violation of collective consumer interests, President of UOKiK Tomasz Chróstny imposed a financial penalty on Getin Noble Bank in the total amount of over PLN 7 million (PLN 7,019,640.00) Pursuant to the decision of the President of UOKIK, consumers will receive letters from the bank informing them about the contested practices. The decision is not yet final.
Second decision – prohibited provisions
The President of UOKiK found prohibited the provisions contained in the template agreements concerning, inter alia, the issuance of payment cards, granting loans and running accounts. Getin Noble Bank granted itself the right to introduce some unclear amendments thereto, e.g. when regulations change, court judgements are issued, or when typographical errors are corrected. At the same time, GNB reserved the right to change the tariff of fees and commissions for the above reasons, and was able to do so due to the new tariffs for energy, postal and telecommunications services. In the UOKiK’s opinion, these are too vague provisions, which may be used as an excuse for the bank to introduce arbitrary amendments. The entrepreneur does not specify precisely the factors that will affect the modification of the rules and regulations and the extent of these modifications. As a result, the consumer is not able to predict what kind of changes they may expect during the term of the agreement. At the same time, this may result in the bank unilaterally replacing abusive provisions with other provisions, which is forbidden under the CJEU case law.
President of UOKiK Tomasz Chróstny recognized the provisions as prohibited and prohibited their use. The bank is obliged to send letters to consumers informing them of the decision itself and on the resulting consequences for them. This may mean that it is not possible to unilaterally change the terms and conditions of the agreement in the future and that customers may question the modifications made so far. The decision is not yet final.
Third decision – Getin Noble Bank and GetBack
President of UOKiK Tomasz Chróstny recognized that GNB was misleading consumers when offering corporate bonds issued by GetBack company. While GNB would inform that the investment was secure and the profit was guaranteed, it was not the case. Moreover, the bank offered the purchase of these bonds to individuals who were not likely to risk – they were interested in regular term deposits. The entrepreneur therefore offered products that did not meet its customers’ needs. – UOKiK received numerous complaints from consumers about Getin Noble Bank’s advisors, which proved that there were irregularities during the sales process.
The President of UOKiK ordered Getin Noble Bank to pay compensation to consumers who purchased GetBack bonds with its agency. It will be PLN 20 thousand. The bank will identify the consumers eligible for compensation in a separate communication. Details are now available in the decision. This settlement is not yet final.
