Residents of Serbia who sued the banks for charging the costs of loan processing claim that their branches are now punishing them for that.
Namely, some clients say that they have been rejected for loans in their banks, although they meet all the conditions to get a loan, but also the allowed minus, checks… They believe that they have been put on the revenge “black lists”.
The National Bank of Serbia says that data on disputes initiated by clients against banks are not exchanged through the Credit Bureau. However, just like in the Association of Serbian Banks, they say that every financial institution, in accordance with the Law on Banks, is free to choose clients and decide whether to approve a loan or not, protecting their financial interests.
Lawyer Marko Rajakovic, who represents about 1,500 people before the courts against the banks due to the payment of loan processing, says that he receives daily complaints from people against the banks that are taking revenge for the lawsuits.
– What the banks are doing now is illegal again – Rajakovic thinks.
– Everyone who meets the conditions for a loan, allowed minus, or other service, and if it is confirmed by the Credit Bureau, must also receive it. Although they do not give it to them in writing, the bankers unofficially explain to them that they were rejected because they sued the bank.
Rejected due to lawsuit
Rade Zocovic from Cacak was nearing the end of the process for obtaining a loan, when they eventually rejected him and openly said that this was the position of the bank’s management due to an earlier lawsuit.
– First, they told me that it was not a problem to get a loan, they took my money for the Credit Bureau and said that they would let me know the next day when I could come and finish all the documentation – says our interlocutor.
– I was shocked because they called me that I still couldn’t get a loan, because I sued the bank. I had to change the bank and take out a loan at another institution.
The Association of Serbian Banks claims that there is no single position of banks on who will approve the loan, nor do individual banks exchange data on clients who are conducting disputes against banks. They emphasize that it is always an individual decision of the bank for an individual client.
– The decision on approving the loan is in the competence of each individual bank – they say in UBS.
– That decision is based on its business policy, as well as on risk assessment, and data on the timeliness or tidiness of the loan applicant. The contractual relationship between the bank and the client is a matter of mutual trust.
Legal risk
The Law on Banks and other regulations define a number of risks to which the bank is exposed in its operations, including legal risk, and prescribed obligations – they say in the NBS.
– All regulations have a common goal to ensure the financial health of the bank. It is quite understandable that the bank, when establishing a new contractual relationship with the client with whom it is in dispute, and based on the data it has, assesses the legal risk to which it will be exposed in the event of establishing that relationship. The bank may make such an assessment only on the basis of data on that client that it has collected in accordance with the law.
The National Bank of Serbia confirms that banks currently exchange only data on the credit history of their clients within the Credit Bureau – an electronic database established by an agreement between banks within the Association of Serbian Banks.
– In that database, you can see the fact that the bank sued the client in order to collect a certain claim, but there is no legal or any other basis for the exchange of data between banks on clients who sued the banks – they say in the NBS.
– On the other hand, a bank is a joint stock company whose goal is to make a profit for the benefit of its shareholders. While in the case of other economic entities only their owners are exposed to business risk, the bank borrows not only its own funds but also the funds it collects from deposits. That is why, unlike other companies, additional, stricter requirements and special restrictions in operations are prescribed for banks, BiF reports.
