Lawyer Dragomir Ćalasan, who represents a group of clients of Adiko Bank in connection with the dispute with loans in Swiss francs, submitted yesterday to the Committee for Economy, Finance and Budget an initiative requesting that the parliamentary body investigate how the Central Bank (CBCG) controlled the implementation of the Law on Loan Conversion from Swiss francs to euros and the problems citizens have due to the application of that law.
President of the Committee for the Economy Vladimir Joković (SNP) announced at the session on Friday that he expects this initiative and that it will be necessary to organize the hearing of Governor Radoj Žugić.
These citizens (113 of them), the public bailiffs started to block the accounts at the beginning of February after they renounced the lawsuit in the dispute with Adiko Bank due to the loan in Swiss francs in order to collect court costs according to the judgment of the Basic Court which was confirmed by the High Court.
There are about 154 clients who are leading court cases that have not been concluded, and despite this fact, their property pledged for loans is being sold.
According to the verdict of the Basic Court in Podgorica, which was confirmed by the Higher Court, each of the clients individually must pay 4.032 euros for court costs in the proceedings with the bank and another 3.600 euros each to the company "Holdco East" (a third party) to which the bank transferred loans that it did not could charge. These costs are further increased due to interest.
Compensation
Those loans were first transferred to "Hypo Aple Adria Development", then to "Heta Asst Resolution" and finally to "Holdco East".
In 2016, the state enabled citizens who took out loans in Swiss francs from Adiko Bank (formerly Hipo Aple Adria Bank) to convert those loans into euros under the conditions that were valid on the day they were taken out, i.e. with a fixed interest rate of 8,2 percent on an annual basis and without default interest.
This was done through a law adopted by the Parliament, which was preceded by a lawsuit filed by the clients.
Since the law fulfilled what the citizens demanded by the lawsuit, 113 of them gave up the lawsuit due to the economy of the procedure, while 154 clients did not give up the lawsuit.
In the Initiative, it is stated that according to the knowledge of the lawyers and clients of the CBCG, for reasons only understandable to it, it did not fulfill its obligation to control the application of the law, or fulfilled it to the smallest extent possible.
"Our findings indicate that she only once carried out the control of the bank and third parties when she stated that there were no methodological flaws in the calculation. Therefore, there was no concrete control, despite the urgency of the bank's clients, of their visits to the banking ombudsman, and it is especially symptomatic that the courts also demanded that the CBCG answer some disputed questions," the initiative states.
Ćalasan explained that the most important information they came to was that "Hypo Alpe Development" to which the bank transferred bad loans is a limited liability company (LLC), not a factoring company, which is significant when it comes to the proper business of third parties, that was transferred to her "for a fee" the receivables from bad credit loans, in order to avoid the payment of the CBCG reserves in the amount of 196,96 million euros due to the transfer of the receivables to "Hypo Alpe Development".
"Vijesti" is waiting for an answer from the CBCG to the questions regarding the statements made in the initiative.
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