Sue the bank

Many customers have problems with banks, especially when it comes to lending, deposit accounts or illegal debiting of funds. Banks can violate customers’ rights by imposing hidden fees, changing the terms of contracts without notice or even debiting funds without the consent of the account holder. If the bank violates your rights, you have the legal right to sue the bank and demand justice through litigation.

Pre-trial settlement of disputes can resolve the problem without legal costs, but in many cases, filing a lawsuit is the only effective way to restore justice. It is worth noting that success in a court case depends on the correct preparation of documents and knowledge of your rights, enshrined in the Civil Code of Ukraine and the Law “On Protection of Consumer Rights”.

In this article, we will consider in detail in which cases it is worth going to court, what documents need to be prepared and how to increase the chances of success in litigation.

When can you file a lawsuit against a bank?

A lawsuit can be filed in the event of:

1. Illegal debiting of funds without the consent of the account holder
2. Breach of the terms of the contract, change of interest rate without warning
3. Refusal to return the deposit after the contract expires
4. Illegal charging of fines or penalties
5. Refusal to provide information on the status of the account or loan
6. The bank’s use of opaque fee charging schemes.

If you discover such violations, it is important to act quickly and consciously. The first step should be a pre-trial settlement, which in many cases allows you to avoid legal costs and resolve the situation as soon as possible. To do this, you need to send a written claim to the bank and receive a response within the time limit specified by law. If the bank ignores the application or provides an unfounded response, you can go to court.

Pre-trial settlement: what to do before filing a lawsuit?

Before filing a lawsuit, you must:

• Write a claim to the bank demanding that the violation be eliminated. This is an important stage, because in court you will need to prove that you tried to resolve the conflict peacefully.
• Contact the National Bank of Ukraine or the Financial Ombudsman. They can conduct an inspection and influence the resolution of the dispute without a court.
• Get a written response from the bank regarding your claim. If the bank refuses without justification or does not respond within 30 days, this may become evidence in court.
• Collect evidence: contracts, receipts, statements, correspondence. The more evidence, the higher the chances of success.
• Calculate the amount of damages (if the claim is related to financial losses). You must provide a calculation and confirm the amount of the claims.

Get advice from a lawyer who will assess the prospects of the case. Legal support significantly increases the chances of winning in court.

How to properly draw up a statement of claim?

The statement of claim must include:

1. Introductory part: name of the court, your data and data of the defendant (bank).
2. Description of the situation: detailed description of the circumstances and violations by the bank.
3. Legal justification: reference to articles of Ukrainian legislation that provide for liability for violation of monetary obligations.
4. Specific requirements: return of funds, compensation for moral damage, recognition of the contract as invalid.
5. List of evidence: copies of contracts, bank statements, checks, etc.

Legal assistance from “Prykhodko and Partners”

Applying to court against a bank is a complex legal process that requires in-depth knowledge of the law and experience in conducting legal cases. The specialists of the law firm “Prykhodko and Partners” have many years of experience in the field of banking disputes and credit disputes. We will help you draw up a statement of claim, collect all the necessary evidence and professionally represent your interests in court.

Why choose us?

1. Extensive experience in banking matters.
2. Personalized approach to each client.
3. Comprehensive legal support at all stages of the process.
4. Highly effective in defending clients’ rights.

If you find yourself in a difficult situation with a bank, do not hesitate – contact “Prykhodko and Partners” for quality legal assistance.

How to file a claim and what happens after filing?

A claim can be filed:

• In person at the court office.
• By mail (registered mail).
• By electronic court service (provided there is an electronic signature).

After filing:

• The court registers the claim.
• The defendant (bank) receives a summons.
• A court hearing date is set.
• The case is considered.
• The court makes a decision.

Filing a lawsuit against a bank is an effective way to protect your financial rights. Information on the status of the case can be checked on the portal of the Judicial Power of Ukraine, and complaints against banks can be filed through the National Bank of Ukraine..