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

  • Erstellt am 2020-03-27 22:26:06

ypg

2020-03-31 07:28:11
  • #1
Well, the main thing is to tackle it. You could miss a bargain.


I’d say: the economy, which will anyway adapt to the Greeks in our country (you have to be realistic), is going even further down.
But that’s another matter and has nothing to do with his rights.

... or the lawyers. At least it’s a good marketing tool to bait the “greed-eats-brain-people” in times of unrest.
I say: you just didn’t hear the shot. Sorry! This is somehow scavenging on the dead of the economy: vulture assholes want to get a piece too. Are they all anarchists here, or what?
 

angoletti1

2020-03-31 08:15:27
  • #2


Hi,

I can only briefly tell my story from 5 years ago so you can have some idea of how it goes. Please refrain from fundamental moral discussions or judgments; I just want to share the facts with you.

I had my loan contracts checked for free by a specialist lawyer. One was identified with a faulty clause, and they immediately told me the minimum costs in case of failure and also in case of success. At least around €2000, and at most there would be an additional xx % of my "savings."
That was too expensive for me, so I approached my bank on my own. The answer came promptly, basically "the clause is correct; if I see it differently, I should contact the legal department."
Then I gave them a few more details and reminded them of court cases that were conducted with the mentioned lawyer and in which the bank had "lost." This led to a personal invitation.
At this point, I want to mention that you should not walk into something like this completely blindly and without help; either the appointment ends quickly, or from here on, things get serious.
The bank pulled out all the stops: my advisor, legal department, real estate department head, and a member of the board.
First, of course, everything was denied again; the clause was correct. Then they tried on an emotional level, etc. They were all very well prepared, and you could tell they certainly had court experience. When I stuck to my facts, they became more unfriendly and then came back with hard facts in turn, if my theory about the faulty clause were correct. To cut a long story short, they told me that if I continued from this point and did not go home with my head down, the entire outstanding debt (loan duration was only 5 years) would become due immediately!
Let’s be honest, it's more than difficult to find a bank for secondary ranking, and no one just has that kind of money lying around; banks know that, of course. I was accordingly prepared for this situation and had a promised financing for the outstanding debt, so I said, "No problem, to which account should I transfer the outstanding debt? Then we end this here; I also need this in writing from you!" That really hit home, it was not a bluff on my part. Then there was some further sparring, and the appointment was over after an hour. The bank said they wanted to review everything internally and would get back to me.
Three days later, the answer came: the clause is not wrong, but they would offer me a reduction in interest from 3.5% to 3.4%.
I then made a proposal with a deadline. Of course, this was much cheaper for me, but with another bank, you could have gotten even more; however, I still wanted to give them the chance not to come out of this as a total "loser." They took that chance and agreed two hours before the deadline.
-> Increase in the monthly payment and reduction of the effective interest rate to 1.9%.
And yes, the bank still does business with me today.
As mentioned at the beginning, spare me from right or wrong; the only reason that moved me was the fact that "if the bank had a chance the other way around, it would not hesitate."

So it’s not as simple as it is portrayed in the media. Also, paying a good lawyer is not enough because without financing from another bank, it usually only comes down to a settlement. Whether it’s worth it considering the costs incurred is questionable. The greatest savings come from very old contracts, which, however, should already be close to or beyond the 10-year limit.
 

Tassimat

2020-03-31 08:24:56
  • #3
Thank you for the detailed experience report!
 

nordbayer

2020-03-31 08:44:20
  • #4
And anyone who doubts this should study hundreds of reports on such procedures in the press.
 

Joedreck

2020-03-31 09:17:44
  • #5
I just have to make a judgment here. I think you did exactly the right thing. They tried to take advantage of you in every way possible, despite full knowledge of the legal situation. Therefore, I have absolutely no concerns about your approach.
 

nordanney

2020-03-31 10:41:59
  • #6
To be honest, the question is: Did the cancellation policy have any impact on the decision to enter into a loan agreement at a market-standard interest rate in the past? No, it did not. Therefore, I hope that the impact on the banks is correspondingly low. In this case, the customers are trying to rip off the banks - woe betide if a bank did that. Then the outcry would be huge.
 

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