A resident of Odessa took a loan from Oschadbank for an electrical installation, but the funds vanished from his account. Here's the court's decision.
A man took out a loan from Oschadbank to purchase an electrical installation for the amount of 30,000 hryvnias. However, funds disappeared from his account, and he blames the bank's employees, requesting to terminate the loan agreement. This was stated in the decision of the Suvorov District Court of Odessa, published on January 21, 2025.
On February 17, 2023, the man entered into a consumer loan agreement with the joint-stock company "State Savings Bank of Ukraine," under which the bank was obliged to provide the borrower with a loan of 30,000 hryvnias for a term of 60 months, and the borrower was to use and repay it properly within the stipulated time frame. He believes that the agreement dated February 17, 2023, is void.
In violation of the specified terms of the disputed agreement, the man received 28,500 hryvnias, as confirmed by the bank statement from his card account. Furthermore, it is evident from the same bank statement that he received the funds before the disputed agreement of February 17, 2023, specifically at 00:00 on February 27, 2023, and he received a text message about the crediting of funds on February 27, 2023, at 12:39. Subsequent transactions align with the text message and the bank statement.
Meanwhile, on February 17, 2023, the man, along with his partner, arrived at the bank branch following a phone invitation from Oschadbank employees to receive the loan funds. The manager assisted him throughout the preparation and signing of the agreement dated February 17, 2023, specifically: after receiving the original passport and ID code from him to make copies, she provided him with the agreement for his signature. He signed the agreement dated February 17, 2023, after which he inquired about the interest rates. She informed him of the interest rates he would need to pay under the agreement dated February 17, 2023. He found the interest rates to be excessively high and subsequently declined to proceed with the agreement.
On the same day, the man requested the bank's administration to accept his statement of refusal from the consumer loan agreement. The statement was dated February 17, 2023, but the manager manually changed the date from February 17, 2023, to February 20, 2023, and then forced him to write a new identical statement dated February 20, 2023, informing him that this statement would be accepted on Monday, February 20, 2023, without providing any explanation as to why the bank administration could not accept the refusal on the same day the agreement was signed, February 17, 2023. Subsequently, bank employees, including the manager, the administrator, and others, urged him not to refuse to sign the agreement dated February 17, 2023.
Additionally, the manager informed the man that the statement of refusal from the consumer loan agreement could be accepted and granted if he paid 1,700 hryvnias to the card account opened upon signing the agreement dated February 17, 2023, which he did on the same day at 15:41.
Consequently, Oschadbank did not inform the man about the terms of repayment of the consumer loan, specifically regarding the interest rates he was to pay for using the funds. Thus, it failed to meet the requirements of the Law of Ukraine "On Consumer Protection," as it did not provide information about the actual interest rate and the total cost of the loan, as well as potential currency risks, leading him to be misled regarding a significant term of the agreement - its price.
One of the loan accounts was opened on February 15, 2023, to which the man transferred 500 hryvnias from his pension account to obtain the 30,000 hryvnias loan, as stated by the bank manager, who also conducted all financial transactions on his mobile phone. The terms of the disputed agreement did not provide for this action on his part, which also violates his rights when obtaining a consumer loan. Based on the above, he believes that the agreement was concluded in violation of the requirements of the Law of Ukraine "On Consumer Protection," specifically the inclusion of unfair terms, the inability to familiarize himself with all the terms of the agreement before signing, and the failure to disclose potential risks associated with the agreement, the total cost of the loan, and others.
At the court hearing, the man explained that he indeed signed the aforementioned loan agreement, understanding that he was taking on credit obligations and wanting to obtain a loan of 30,000 hryvnias to purchase household appliances, specifically an uninterrupted power supply system. However, he was not made aware of the terms of the loan agreement, particularly regarding the interest rate and all total payments. Nevertheless, after receiving a copy of the agreement and carefully reviewing its terms, he decided to refuse it and informed the bank's lawyers. Additionally, after deciding to refuse the loan, all funds disappeared from his account, leading him to suspect that the bank employees were involved in this matter.
A representative of Oschadbank requested that the court deny the claims in full, asserting that the man was informed of the terms of all agreements made with him, that he was explained all rates, combined services, interest rates, and the loan repayment procedure. Moreover, the allegation that bank employees were guilty of fraudulent actions was not substantiated.
What was the court's decision?
The court partially satisfied the man's claim. The State Savings Bank of Ukraine must reimburse him for the commission fee of 1,500 hryvnias.
"The bank's demands for the return of the commission fee of 1,500 hryvnias were unlawful, as the consumer, according to Article 4, Section 15 of the Law of Ukraine 'On Consumer Credit' dated November 15, 2016, No. 1734-VIII, was not obliged to do so. The plaintiff fully repaid the debt under the concluded loan agreement. The court finds his claims for the bank to return the amount of 29,500 hryvnias and 200 hryvnias to be unfounded. At the court hearing, the plaintiff's assertion that bank employees were responsible for fraudulent actions against him, resulting in the disappearance of funds from his account, was not confirmed. Indeed, there is an ongoing criminal investigation by law enforcement regarding fraudulent actions against the plaintiff, which led to the disappearance of funds from his account. However, there is no court ruling or relevant decision from the investigator indicating any culpable actions by bank employees," the court emphasized.