Poland’s Ombudsman has filed an extraordinary appeal regarding a pensioner ordered to repay 222% of a loan amount, citing consumer protection failures.
Ombudsman’s Appeal and Case Details
The Polish Ombudsman (RPO) has filed an extraordinary appeal in a case involving a pensioner required to repay 222% of the loan she received. The Ombudsman argues the court failed to apply consumer protection regulations and issued a payment order in summary proceedings, obligating the pensioner to repay the loan with interest.
The total amount owed is 55,392 złoty, representing 222% of the originally received funds, with fees and commissions accounting for 24,900 złoty.
Loan Terms and Debt Accumulation
In 2017, the pensioner entered into a cash loan agreement with a specialized company for 25,000 złoty over 48 months. The agreement included preparatory fees, commission, and other charges totaling 24,960 złoty.
The pensioner was ultimately obligated to repay a total of 55,392 złoty over four years, equivalent to 222% of the principal amount. A blank promissory note served as security for the loan.
Legal Proceedings and Enforcement
In 2018, the lender claimed the pensioner was in default and demanded payment of 36,970.93 złoty. In March 2021, a regional court issued a payment order for 36,870.93 złoty plus interest and costs. Subsequently, enforcement proceedings were initiated, resulting in deductions from the pensioner’s retirement benefits and seizure of her assets.
As of the present, 36,470.93 złoty of the principal and 25,458.47 złoty of interest remain outstanding. The company has already received at least 39,000 złoty and continues to demand approximately 60,000 złoty more.
Ombudsman’s Arguments Against the Ruling
The RPO argues the court failed to protect the consumer, noting the lender employed a practice of imposing maximum non-interest loan costs, which was grossly disproportionate and detrimental to consumers’ interests.
The Ombudsman emphasizes the court should have examined the contract for abusive clauses and disregarded unfair provisions. The ruling, according to the RPO, violates principles of legal certainty.
Financial Hardship and Unjust Enrichment
The pensioner is 71 years old, lives on a reduced pension due to garnishments, suffers from health issues, and has other debts. To date, no principal has been repaid during enforcement, while interest has increased from approximately 13,000 złoty in 2021 to approximately 25,500 złoty in 2025.
If the full amount is recovered, the lending company would receive four times the amount originally disbursed.
