» READ ORIGINAL ARTICLE IN RTCG
Prosecutors: Bank lead us astray
The main hearing on the complaint of the Center for Consumer Protection (CEZAP) against Hypo Alpe Adria Bank (HAAB) started today examining prosecutors, who told them the bank misled and that they are not adequately presented to currency risks.
Hearing of the trial began today in the Municipal Court, before Judge Natasa Boskovic, presenting evidence and hearing the prosecutors.
CEZAP, on behalf of 300 clients who have raised mortgage loans with currency clause in Swiss francs, 17 May 2013 filed a lawsuit against the Podgorica Basic Court HAAB.
The first plaintiff, Dragan Senic said that before the housing loan concluded with the HAAB had two loans at NLB bank, the amount of 200 thousand euros and 60 euros.
“Disputed credit is blown to the needs of the club Montenaro Jazz, who was one of the best in the region,” said Senic.
Haab, he said, in 2006, appeared with aggressive advertising, with interest rate of 5.45 percent and attracted by low interest rates, he wanted to solve the housing problem.
“My intention was to give me a loan to close the 200 thousand at NLB Bank, and the rest to buy a house and that we war not higher than four thousand EUR,” said Senic.
He said that he spoke with Credit Officer Ana Scepanovic, a condition of the bank was to transfer all accounts in HAAB.
“My loan application was to be the means of payment in euros, which is the legal tender in the country. Collateral is crossed twice the amount of the loan. I have been authorized EUR 400 thousand credits, of which 200 thousand EUR closed a loan with NLB Bank, and from the rest of the money I bought a house, “explained Senić.
He stated that he was given a diagram of movement CHF and EUR and told that these are stable currency and that the largest possible deviation of 0.1 percent.
“As far as I duly annuity immediately began to cry and I paid about 200 thousand as principal, as interest,” said Senic.
Asked Bošković whether he understood that the equity-related course, Senić replied that he misled, and that he got wrong and misleading information.
He was asked whether Bošković read the contract and a member of the currency Klauz, said that he was told that there is no risk, because if he had known the true facts would not take it.
“I paid this rate regularly until 2010, it will say you owe and that the exchange rate soared, which greatly increases my debts. After that, it took me almost a year while I have not received the executives interviewed. I wrote five letters to them and said that I was misled and that came to me 50 thousand differences, “explained Senić.
After, that, as he said, the bank they told him to give him 50 thousand EUR and a grace period with a particular interest.
“By then I was in an extreme problem. Principal’s coming to 950 thousand, a war 6.5 thousand EUR, and the start of less than four thousand EUR, “said Senic.
He said that the club closed in August 2011, he sold the property and now five years living as a tenant.
“I consciously misled and we are not timely presented to currency risks, because they did not put myself in this situation,” said Senic.
He added that he knew it would be a variable interest, not principal. He said that when he started this whole situation, none of the banks did not call, but only when he came in a hopeless situation.
“No. I followed the stock market, I came to them from the trust, this is not usury, this is a crime,” the Senić.
The attorney prosecutors, Vladan Đuranović asked Senic how much time has passed since the conclusion of the contract to the debt, to which he replied that he had four years of the loan disbursement phone was reported to have debts of 25 to 30 thousand EUR, and more than a year of this Notice there is a meeting with the responsible in the bank.
The lawyer of the defendant, Vanja Mugoša asked Senic whether paid the bank with a request to take HAAB Montenaro Jazz, to which he answered in the affirmative.
Mugoša asked whether the bank announced that it will organize all the people of borrowers to sue the bank, which Bošković not allowed to respond.
The lawyer of the defendant, Milos Komnenić asked Senic why did not settle the obligation and a part of the annuity in the amount that was on the undisputed part of the obligation, to which he replied that it was forced to close the club threats and blackmail, and that would mean that 500 thousand should return five times the amount.
Komnenić objected to the statement in its entirety Senic, because, as he said, it is clear that the entire testimony focused on the avoidance of obligations to the bank.
“This is evidenced by the fact that it does not pay the undisputed portion of obligations. Bearing in mind the written evidence, the testimony of his kotradiktoran, and that he did not understand the provisions of the contract, and is present in poslvonom world, “said Komnenić.
At the hearing, the prosecutor questioned and Bojan Obrenovic, who is a lawyer and director of the Agency for the Protection of Personal Data.
Obrenovic in 2007 took out a loan in the amount of 102 thousand CHF, with the first loan agreement concluded in the amount of EUR 40 thousand for the purpose of building a house in Kolasin.
“I was looking for an additional 20 thousand EUR, when I was told that the bank was not possible to obtain a new loan because the citizen can not have two loans. Then I got the offer to 60 thousand EUR to close first, “explained Obrenovic.
He said he did not know it would be in CHF. The trial continues tomorrow.
In late October last year in the Municipal Court was completed preliminary hearing and the start of the trial on the lawsuit against HAAB was originally scheduled for 15 December. Representatives CEZAP claim that the Haab from mother banks from Austria received the euro provided by the clients, which are not offered in Swiss francs. The Swiss franc, they argued, was not formally entered Montenegro, a currency clause has become the fruit of speculative behavior HAAB.
The bank explained that the interest rate at which they disapproved of dedicated housing loans in Swiss francs in 2007 and 2008 was by far the cheapest on the market.
From HAAB have said that at any moment acted in accordance with the law, respecting all contract items.
Hypo Alpe Adria Bank, on the occasion of the current situation caused by the growth of the Swiss franc, decided to customers if they want to convert into euros, reducing the interest margin of 15 percent.
