Settlement of excessive interest
Arrangement of arrears in cases of borrowers whose overdue debts were reduced, but the repayment arrangement was not observed
In its opinion No. 42/2018, the Legal Council of the State provides an answer to a question of the Deposits and Loans Fund regarding the Settlement of IT & Debt interest loans in the cases of borrowers whose limitations were limited, pursuant to Article 39. of Law 3259/2004, the overdue debts, at the time of entry into force of this article, but the repayment regulation was not observed.
In particular, the question concerned whether the Deposits and Loans Fund, in the cases of borrowers whose debts overdue under Article 39 of Law 3259/2004 were limited, at the time of entry into force of this article, but the repayment regulation was not observed , is obliged to apply this article with the current data. And, in case of affirmation, if this action must be done ex officio or at the request of the borrower, as well as if the approval of the Board of Directors of the Fund is required.
On this question, the Legal Council of the State unanimously answered the following: For the cases of already overdue debts, at the time of entry into force of article 39 of Law 3259/2004, the credit institutions had to proceed with an adjustment of the amount of the receivables. with the entry into force of the law (4-8-2004) and, therefore, once these debts were redefined and can not be redefined, and if the debtor did not comply with the repayment arrangement, the debts are legally charged with interest on arrears .
Especially for the Deposits and Loans Fund, the possibility is provided to its Board of Directors, according to the provision of par. 6 of article 25 of law 3867/2010, with its decision, at the request of the obligor, to settle the interest on arrears of cases of these.