Almost all loan agreements can be revoked - European Court of Justice

  • Erstellt am 2020-03-27 22:26:06

kbt09

2020-03-31 06:31:44
  • #1
I don't know what to make of this right now.

On the one hand, there are phrases like "greedy bankers" and then people who have financed several hundred thousand euros write, where I assume they didn't do it blindly or foolishly, that they might now want to exploit possibly poorly worded cancellation instructions to revoke a loan whose terms they were completely satisfied with at the time of signing. Somehow sounds like a "greedy consumer".
 

K1300S

2020-03-31 06:40:03
  • #2
... and in the end, the bank always wins. It is clear that there are always two sides, but from a purely legal perspective, the situation seems quite clear: invalid cancellation instruction -> the period does not start to run -> can be revoked at any time

Morally, of course, one may criticize this, which is always easy to say when one is not the person saving a five- or six-figure amount through this loophole. No one has anything to give away.
 

kbt09

2020-03-31 06:45:42
  • #3
That ultimately ends up somehow like in America, where you have to write that you must not dry the poodle in the microwave.

Surely no one here wants to claim that they were not fundamentally aware of their right of withdrawal. And no one would think about the issue if interest rates had risen in recent years.
I find the cherry-picking in hindsight ... I'll better leave out the word.
 

Maschi33

2020-03-31 07:00:43
  • #4
Do banks actually maintain some kind of "Black List"? In this case, I would think very carefully or weigh the decision about the revocation. You don’t want to end up out in the cold with no one willing to finance you anymore, and if they do, only with an internal risk surcharge. Somehow I have the feeling that the people triggered by the judgment here don’t think that far ahead...
 

K1300S

2020-03-31 07:09:47
  • #5
They have outsourced the blacklist to [Schufa]. Besides, of course I would first arrange a replacement financing – for example, also with the previous financing bank – and then revoke. Unfortunately, many banks are apparently quite stubborn there and first have to be convinced of pragmatic action through legal means.
 

nordbayer

2020-03-31 07:16:32
  • #6
So, for me, the savings banks have been on this blacklist since their unilateral termination of long-term fixed-interest savings contracts with a similarly dubious loophole. They ruined morality first. And I am personally affected by neither one nor the other.
 
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