Published : 2026-02-18

Misuse of free credit sanctions as a potential threat to the banking sector and consumers

Kamila Szmigiel



Abstract

The main objective of the article is to assess the threat of the free credit sanction to both the banking sector and consumers. The sanction of free credit (SKD) leads to depriving the lender of income (such as interest, fees, commissions, premiums, costs, etc.) from the consumer credit granted. If it is applied, the lender loses the revenue due from the credit granted and the borrower is, in principle, only obliged to return the principal of the credit used. In order to familiarise the reader with the issue of SKD, a review of the literature as well as Polish and EU case law was carried out. In the empirical part, on the other hand, an analysis was carried out, based on a comparison of financial data on SKD in individual banks in two periods, i.e. as at 31.12.2023 and 30.06.2024. After an analysis of legislation (in particular Directive 2008/48) and case law, the first hypothesis was confirmed. On the basis of studies of bank data and Poles' attitudes to the withholding of information in the lending process, the second hypothesis was also confirmed, according to which the abuse of SKD poses a threat not only to the banking sector, but also to the beneficiaries themselves - consumers.

Keywords:

free credit sanctions, credit scam, consument

JEL Codes

G11, G18, G21


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Szmigiel, K. (2026). Misuse of free credit sanctions as a potential threat to the banking sector and consumers. Safe Bank, 101(4), 7–24. https://doi.org/10.26354/bb.1.4.101.2025

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