Oschadbank claimed a debt of 152,490 UAH, but the Kyiv resident is seeking to have the loan agreement declared invalid. Here’s the court's decision.

Sberbank is demanding that the husband pay a debt of 152,490 hryvnias. However, it also seeks to have the loan agreement declared invalid. This was stated in the decision of the Shevchenkivskyi District Court of Kyiv, published on May 20, 2024.

On June 10, 2019, the man submitted a request to establish a revolving credit line, and Sberbank granted him a loan of 133,000 hryvnias. The bank fulfilled its obligations under the agreement by providing the loan in the amount specified in the contract; however, the client violated the terms of the loan repayment agreement and the payment of interest within the stipulated time and manner, resulting in an overdue debt of 152,490 hryvnias. By a default decision of the Shevchenkivskyi District Court of Kyiv dated November 25, 2022, the claim was granted, and the citizen was ordered to pay 901 hryvnias to the joint-stock company “State Savings Bank of Ukraine” through its branch - the Main Directorate for Kyiv and Kyiv Region of JSC “Oschadbank”.

On August 31, 2023, a counterclaim was filed by the husband against the joint-stock company “State Savings Bank of Ukraine” to have the agreement declared invalid, as well as to obligate JSC “State Savings Bank of Ukraine” to recalculate the debt and account for all paid amounts towards the principal debt.

"In May 2017, the defendant opened a salary account with JSC “Oschadbank” and received a bank card for salary payments, as he was then employed at the Prosecutor General's Office of Ukraine as a senior investigator for particularly important cases in the Main Military Prosecutor's Office and as a prosecutor, thus receiving an official salary from the state service. Oschadbank suggested that the defendant open another account and obtain a bank card with an established credit limit of up to 133,000 hryvnias (equivalent to four salaries) at an interest rate of 0.001% per annum for using the funds. No comprehensive banking service agreement for individuals was signed between him and the plaintiff, and the essential conditions of such a possible agreement were not agreed upon, nor was a consumer credit passport or credit usage terms provided. When he inquired about the justification from the bank for such an available credit limit, representatives of JSC “Oschadbank” stated that the established credit limit of up to 133,000 hryvnias was available because he worked in public service and had a stable income. The defendant disagrees with the plaintiff's assertion that on June 10, 2019, an agreement for comprehensive banking services for individuals was concluded between the parties, thus he claims the need to have it declared invalid," - the man explained. | |7|

What did the court decide?

The court granted the claim. The husband is to repay the debt of 152,490 hryvnias to the joint-stock company “State Savings Bank of Ukraine”.

"Since the defendant did not voluntarily return the funds received and used by the borrower to JSC “Oschadbank”, the established circumstances indicate that the defendant is evading the fulfillment of his credit agreement obligations, committing gross violations, thereby infringing on the property rights and interests of the creditor JSC “Oschadbank”. Therefore, the court concludes that the claims made are substantiated and must be satisfied in full," - emphasized the court.