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

  • Erstellt am 2020-03-27 22:26:06

K1300S

2020-03-31 11:20:38
  • #1
Scamming always has the connotation of illegality for me, which in this case has been definitively confirmed by the highest court as not being true. Furthermore, like Joedreck, I find it pretty short-sighted not to concede despite knowing the legal situation. The smart businessman would probably focus more on negotiation and de-escalation from the outset rather than intimidation and confrontation, but that is probably a matter of style.
 

face26

2020-03-31 12:13:12
  • #2
Had written it before, everyone has to decide for themselves. But I do find it quite amusing how that is argued.

The borrower has received a service. Exactly the one he ordered. It was not of poor or insufficient quality, but exactly as ordered. He also used it. So he has fully utilized the service. The fact that a formal clause was incorrect does not change the service. Now the customer smells a chance to reduce the price of the service afterward. Not because of faulty or qualitatively insufficient delivery, but solely because of a debatable wording of an explanation.

Consider whether you would want to squeeze a few thousand euros out of your carpenter or electrician years later just because he forgot a legal note on the invoice back then that the builder was not interested in anyway.

Oh yes, there was also something about the immoral banks. If you take the approach of the Old Testament, you can of course justify it with... an eye for an eye... oh no, in most cases it’s not like that at all but rather like you, someone I don’t know, but I read it in the newspaper in a completely different case, so I do the same to you.

Again, it is not legally wrongful if the judgment is confirmed as such. But I am the kind of person who, if I have received a service, I pay for it as agreed. If I have not received it or it was worse or different, then you look for a solution. Otherwise, I pay for what I ordered.
 

Tassimat

2020-03-31 12:24:21
  • #3
Exactly, the service was provided and used. No one here consciously tried to deceive or defraud the customer. The banks used a common phrasing and through this cascaded phrasing the banks did not even have a financial advantage. It may be that one can now spontaneously revoke, but under no circumstances do I see a refund of paid interest, as is partly being promised.
 

Snowy36

2020-03-31 13:02:26
  • #4

Then you also keep driving your diesel without suing anyone...
No, let's better not go deeper into that here
 

Joedreck

2020-03-31 13:09:09
  • #5
I have already dealt with insurances as well. I had a rather expensive insurance in all areas for years. The local advisor was always correct. A few years ago, I had storm damage to the house and terrace. Well, the stuff was old anyway, I reported it and agreed to fix it myself. I didn’t want to make the insurance “bleed” for the old stuff. So I was being nice in my eyes. Then, two years ago, there was damage to the vehicle. It was an old car. Partial coverage also covered glass. I wanted to keep it uncomplicated again. Well, the insurance absolutely took advantage of me there. I didn’t sue, the amount in dispute was too low. The consequence was that I sent the termination for all sectors the next day and simply reported every, even the smallest damage, until the end of the term. Banks and insurances are absolutely focused on making money. That’s how it is in business. There is no morality on the part of the companies. If they see a loophole, they use it. And that’s how I handle it too. And very strictly. I don’t see why I should waive my rights to my disadvantage as long as the respective companies act the same way themselves.
 

face26

2020-03-31 13:13:13
  • #6


Because it doesn't fit at all. Or do you have 2% stated in your contract but 3% are deducted?
 

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