08.03.2024 | Disputes with financial institutions

Paid off Swiss franc loan and the possibility of claiming against the bank

Swiss franc loans were most popular in Poland around 2008. There are also consumers who entered into a Swiss franc loan agreement even earlier, e.g., in 2005.

Typically, the Swiss franc loan agreement provided for repayment of the loan in installments spread over 30 years. However, a significant number of borrowers decided to make a substantial financial effort and repay the loan in full before the repayment deadline specified in the agreement. This is not surprising, considering how disadvantageous the loan agreement was for the borrower and how horrendously their debt increased.

Borrowers often wonder if they can claim against the bank in a situation where the loan has already been fully repaid and closed. In particular, those borrowers who repaid the loan several years ago and are concerned that their claims have expired have doubts.

Can you claim against the bank despite the earlier repayment of the Swiss franc loan? Yes, because the repayment of the loan does not affect the ability to claim arising from an invalid agreement. Moreover, it does not matter whether you repaid the loan 8 years ago or yesterday.

A borrower’s claim against the bank cannot expire as long as the borrower has not become aware of the defects in the loan agreement. This follows from the case law of the Court of Justice of the European Union, which indicated that consumer protection requires that before the limitation period for their claim begins, the consumer must be aware of the defects in the loan agreement and their rights (for example, the judgment of the CJEU of June 10, 2021, C-776/19).

Have you paid off your Swiss franc loan and would like to know what rights you have? Contact our Law Firm – we will gladly conduct a free analysis of your loan agreement and present you with options.

Published 2026/04/27

Groundbreaking ruling of the CJEU regarding interest on loan costs.

On April 23, 2026, the Court of Justice of the European Union issued a ruling in case C-744/24. This ruling could change the situation for millions of Polish borrowers. If you have or had a cash loan or consumer credit, this article is for you. What is the ruling of the CJEU about? Case C-744/24 […]

Published 2025/10/05

Have you not yet dealt with your foreign currency denominated or indexed loan? Check why it is worth doing so before the end of 2025.

Property claims – including those related to indexed/denominated loans in foreign currency – are subject to the statute of limitations. The statute of limitations does not automatically cause the claim to “expire” — in legal terms, it still exists. However, the bank can effectively raise the statute of limitations defense, which in practice closes the […]

Published 2025/04/01

What is the sanction of a free loan?

In the era of growing interest in consumer loans, many borrowers are unaware that financial institutions sometimes violate applicable regulations. In such cases, consumers can take advantage of the protective mechanism provided by law – the sanction of a free loan. In this article, I explain what this solution is and what benefits it can […]

Published 2024/04/26

The Supreme Court confirmed favorable rulings for borrowers!

On April 25, 2024, the long-awaited resolution of the Supreme Court regarding so-called foreign currency loans was issued. The Supreme Court confirmed favorable rulings for borrowers and indicated that: 1) it is not possible to replace prohibited conversion clauses in a foreign currency loan agreement with another method of determining the currency exchange rate resulting […]