The Appellate Court in Łódź in a case brought by a consumer against Bank BPH S.A., in the judgment of 24th January 2023 case no. I ACa 811/22, dismissed the bank’s appeal and finally determined that the contract concluded by the parties was invalid from the very beginning.
As a consequence, the judgment of the court of first instance, awarding the client of Włodarczyk Ziomek & Wojciechowski s.c. return of the benefit not due to the bank in the amount of 173.122,84 PLN and 12.578,10 CHF with the interest for delay and court fees became final and binding. The court also denied the bank exercising the right to retention.
23 months passed between the filing of the claim and the issuance of the ruling. The judgment is final. As a result, the borrower was released from the obligation of further payments as capital of over CHF 65.493,98 CHF that is, according to the current NBP exchange rate, approximately PLN 307.913,39.
