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Верховный суд запретил банкам завышать пеню за просроченный кредит

Верховный суд признал незаконной завышенную пеню за просроченный платеж по кредиту.

Об этом говорится в решении ВС/КЦC № 487/7824/15-ц, 06.03.18, пишет Ubr.ua.

Исходя из материалов дела, заемщик заключил с Ощадбанком договор возобновляемой кредитной линии, по которому получил потребительский кредит на сумму 807 тыс. грн. под 17,5% годовых.

Также договором была предусмотрена пеня в 17% за каждый день просрочки платежа.

По иску заемщика этот пункт договора был признан судами недействительным, с чем согласился и Верховный суд, несмотря на то, что банк настаивал, что клиент был ознакомлен с содержанием кредитного договора перед его заключением.

Суд, ссылаясь на ст. 18 ЗУ “О защите прав потребителей”, признал размер пени несправедливой, противоречащей принципам разумности и добросовестности, поскольку такой пункт договора устанавливает требование по уплате непропорционально большой суммы компенсации (более 50% стоимости продукции).

Отметим, что подобные судебные дела встречаются нередко. Часто даже пеня в размере 1% от суммы просроченного платежа за каждый день просрочки признается судами “непропорционально большой суммой компенсации”. Для примера можно привести дело № 2-3562/12 за 21.03.18, которое также дошло до Верховного суда. Ответчиком по нему выступил ОТП Банк.

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