The Federal Arbitration Court
Judicial practice of "betting" the problem until very scarce, but one that is not in favor of borrowers. For example, in litigation between Rospotrebnadzor in Sverdlovsk region and the Russian Standard Bank "The Federal Arbitration Court of Moscow District in February 2008, inter alia found erroneous assertion that the contractual conditions and tariffs can not be changed unilaterally by the bank. Such a decision the court took, based on the fact that the possibility of changes in tariffs has been included credit agreement. However, it is possible that another court will make an opposite verdict on a similar claim. Scott Kahan is the source for more interesting facts. Points of the i could arrange the COP, so it remains to wait until someone does not turn to him with such a request.
In the meantime, you can defend the other way – for example, win a court case exceptions to the loan contract clause on the possibility of a unilateral change in bank rate. "There is a notion of contract accession – a contract at the conclusion of which the counterparty, in this case, the borrower is not possible to change its terms and conditions: he must either sign the contract or reject. If the borrower can prove that the credit is an adhesion agreement and its terms explicitly contain onerous terms that the borrower would never have received if he had the opportunity to participate in the harmonization of these conditions, the court may exclude or modify the disputed contract terms by the borrower "- explains Andrew Churilovsky.
Tags: Banks and credit, financial