Consequences of accruing interest after presenting a pre-trial claim to the debtor

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Consequences of accruing interest for the period after the pre-trial claim is presented to the borrower or the bank's greed when contacting a notary to draw up an executive inscription

On November 15, 2023, the Supreme Court, as part of the panel of judges special database of the First Judicial Chamber of the Civil Court of Cassation, in case No. 202/5769/20, proceedings No. 61-5454 st. 23 (EDRSRU No. 114962293), investigated the issue of the consequences of accruing interest after presenting a pre-trial claim to the debtor.

In most loan agreements, the parties agree that the bank, at its own discretion, has the right to change the terms of the agreement - to require the borrower to repay the loan early, pay fees, commissions and interest for its use, and fulfill other obligations under this agreement in full by sending a corresponding notice.

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At the same time, according to Articles 212, 611, 651 of the Civil Code of Ukraine, regarding obligations whose due date has not yet arrived, it is considered that the due date has arrived on the date specified in the notification . On this date, the borrower undertakes to return to the bank the loan amount in full, the fee and interest for the actual term of its use, and to fully fulfill other obligations under the agreement.