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Published: 31 October 2013
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Almost every consumer credit agreement contains a complicated formula for calculating the fee for the loan and for early repayment . Typically, these formulas include variables ( for example, the rate of change of the hryvnia to the dollar) , which allow banks to increase significantly payment of consumer credit contracts .
That’s way today there are a lot of disputes over the recognition provisions of consumer credit contracts invalid.
In September, the Ukrainian Supreme Court in its decision on the case number 6-80cc13, dated 25th of September, finally solved all the controversies questions with increasing of interest rates of consumer loans - the court has determined that provisions of the contract of consumer credit, which contain the terms of changes in consumer spending , particularly in terms of loan servicing fee or fees for early repayment of the loan are UNFAIR, and such terms are basis for the recognition of such provisions invalid.
These conclusions are based on the Part 5 of Article 11 , Art. 18 of the Law of Ukraine " About Protection of Consumers' Rights”
