How to annul unfair terms in a bank credit agreement and obtain reimbursement of the amount paid unfairly under these unfair terms.

Unfair terms are contractual provisions that create a significant imbalance between the rights and obligations of the parties, to the detriment of the consumer. In bank credit agreements, these terms are frequently encountered and can lead to an unjustified increase in the costs borne by consumers. This article explains the steps to identify, challenge and annul unfair terms and to obtain reimbursement of amounts paid under them.

1. What are unfair terms?

According to Law no. 193/2000, unfair terms are those contractual provisions that:

Were not negotiated directly with the consumer.

Create a significant imbalance between the rights and obligations of the parties.

Are contrary to good faith.

Common examples of unfair terms in bank credit agreements:

Unilaterally imposed variable interest rates: The bank reserves the right to change the interest rate without clearly explaining the conditions or without the consumer's consent.

Unjustified fees: The existence of fees such as "management fee" or "risk fee", which are not justified by a specific service provided by the bank.

Disproportionate obligations: Excessive penalties for late payment of installments.

Assignment of the contract: Allowing the bank to assign the contract to third parties (e.g. debt collection companies) without prior information to the consumer.

Waiver of consumer rights: Clauses that exclude or limit the consumer's right to claim compensation.

2. How is the existence of unfair terms determined?

a) Checking the contract

The consumer must read the credit agreement carefully, paying attention to the following:

The section on interest and fees.

The rights and obligations of each party.

Terms that allow unilateral changes.

b) Consulting a specialist

A lawyer specializing in consumer protection can analyze the contract to identify abusive clauses. Consumer protection organizations (e.g. ANPC) also provide advice in this regard.

c) Reporting to legislation

The identified clauses must be compared with the provisions of Law no. 193/2000 and Directive 93/13/EEC to verify whether they violate the consumer's rights.

3. How to challenge abusive clauses?

a) Reporting to the National Authority for Consumer Protection (ANPC)

The consumer can file a complaint with the ANPC, which has the power to analyze whether a contract contains abusive clauses.

Required documents:

Copy of the credit agreement.

Details of the contested clauses.

Explanations regarding their impact on the consumer.

If the ANPC finds the existence of abusive clauses, it may sanction the bank and order their elimination.

b) Court action

The consumer may file a lawsuit against the bank to establish the abusive nature of certain contractual clauses.

Court jurisdiction: The court of the consumer's domicile.

Settlement term: The process can take several months to several years, depending on the complexity.

What the consumer may request:

Determination of the abusive nature of the clauses.

Annulment of the respective clauses.

Refund of the amounts paid based on them, with legal interest.

c) Class actions

If several consumers are affected by the same abusive clauses, a class action can be initiated, which can reduce costs and speed up the process.

4. What happens after the abusive clauses are found?

If the court decides that certain clauses are unfair:

The clause in question is annulled: It will no longer have legal effects on the consumer.

The contract remains in force: The rest of the provisions of the contract are valid, unless the unfair clause is essential to the contract.

Refund of amounts: The consumer can request the bank to return the amounts paid based on the unfair clauses, plus legal interest for the relevant period.

5. Advice for consumers

• Read the contract carefully before signing: Do not accept unclear or unilaterally imposed provisions.

• Request explanations: If there are technical terms or clauses that are difficult to understand, ask the bank to provide clarification.

• Keep all documents: The contract, annexes and subsequent notifications are essential for a possible appeal.

• Choose a specialized lawyer: In the event of a lawsuit, a lawyer with experience in banking disputes can maximize the chances of success.

• Act promptly: If you suspect the existence of abusive clauses, do not delay in contacting the ANPC or opening a lawsuit, as some rights may be time-barred.

Conclusion

The identification and annulment of abusive clauses in a bank credit contract are complex procedures, but essential for protecting consumer rights. With an analysis