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  • PipereaCererea introdusă de Raiffensen Bank la Tribunalul Bihor, prin care se solicita obligarea clienților reclamanți la plata creditelor în franci elvețieni la cursul din data acordării, dar și cu dobânda de la aceeași dată, arată, în opinia lui Gheorghe Piperea, că avocații băncii au așteptări negative de la acest proces.

    Avocatul clienților băncii ne-a declarat că a fost el însuși surprins de cererea depusă la Tribunalul Bihor, și că în spatele ei se pot afla doar două motive: fie banca anticipează o înfrângere și încearcă să își reducă pierderile, fie este vorba de o tactică de descurajare a clienților.

    ”Cel mai probabil, avocații băncii au anticipat înfrângerea în acțiunea principală și încearcă un tip de „damage control”, un pic cam forțat (pentru că ar fi putut evita procesul printr-o participare la negocierea/medierea inițiată de noi înainte de a declanșa procesul), dar evident”, este de părere Piperea.

    ” Dacă, de fapt, este o tactică de descurajare, atunci este o apărare foarte proastă și rău-venită pentru întregul „club” al băncilor pârâte pe chestiunea creditelor în CHF”, mai spune avocatul. În acest caz, pe de o parte tactica ar fi o dovadă de rea-credință și abuz de drept procesual, iar pe de altă parte ea nu ar pune banca într-o poziție mai favorabilă, ci dimpotrivă: reclamanții ar putea accepta cererea și refinanța creditul la cursul istoric.

    Negocierea, exclusă din start de bancă

    De altfel, șansele de succes ale cererii reconvenționale a Raiffeisen Bank sunt minime, în opinia lui Gheorghe Piperea. ” Judecătorul nu are dreptul să modifice contractul în favoarea profesionistului și cu atât mai puțin nu are dreptul să completeze contractul cu alte costuri decât cele inițiale; de fapt, dacă se constată practicile înșelătoare, toxicitatea produsului și clauzele abuzive, banca trebuie sancționată”, ne-a declarat acesta. ”Noi nu am cerut în acest dosar nimic în legătură cu costurile creditului, acestea urmând a fi, implicit, tratate după regulile contractului și ale legii care interzic clauzele abuzive, lasându-le fara de efect”, a completat Piperea.

    În ceea ce privește sumele care ar urma să fie plătite din urmă, la care reprezentanții Raiffeisen Bank au făcut referire în cursul zilei de ieri, avocatul reclamanților este de altă părere. ”Nu există în cererea reconvențională nimic relativ la ratele de până acum. Precizarea băncii este o adăugire la cerere, probabil o încercare de a drege busuiocul”, ne-a declarat Piperea. Nici clienții nu au cerut încă restituirea plăților necuvenite de către bancă, ci doar constatarea caracterului abuziv al clauzelor care prevedeau plata la cursul curent al CHF.

    Cererea Raiffeisen nu a făcut obiectul vreunei negocieri înainte de a fi înaintată instanței, așa cum nici înainte de începerea procesului banca nu a acceptat niciun fel de negociere sau mediere. ”Au preferat procesul, pe care acum, cu această cerere reconvențională, se așteaptă să îl piardă en fanfare”. Potrivit lui Piperea, până acum au existat doar două bănci care au încercat o rezolvare amiabilă a proceselor cu clienții, însă ”nimic serios și de luat în seamă”.

    Acest articol este proprietatea Pagina de Bănci și este protejat de legea drepturilor de autor. Orice preluare a conținutului se poate face doar în limita a 500 de semne, cu citarea sursei și cu link către pagina acestui articol.

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