Early repayment of the loan: Borrower's right to reduction in the total cost of the credit and bank's compensation right
By George Kazoleas, Lawyer LL.M. The right of early repayment of the loan by the borrower is enshrined in both European law and national legal systems. There are essentially two main effects of this right’s exercise: On the one hand, the consumer/ borrower is entitled to a reduction in the total cost of the credit consisting of interest and charges for the remaining period of the contract. On the other hand, the bank shall be entitled to reasonable and objectively justified compensation for any costs directly linked to early repayment of the credit, provided that the early repayment is made within the period for which the borrowing rate is fixed. (Article 16 (1) of Directive 2008/48). Bank’s compensation The relative clauses used by most banks regarding the issue of early repayment of the loan are vaguely worded and non-transparent and have therefore been repeatedly declared illegal, unfair and abusive. It is commonly stated that compensation includes any costs, expenses, losse