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

  • Erstellt am 2020-03-27 22:26:06

schlckr7

2020-04-13 09:24:14
  • #1
So far my mind hasn't even caught up - we have legal protection for private, professional and traffic matters. I would have seen it as a contract issue now, construction is not included in the scope anyway. As I said, I am not at all that far yet.

I asked Interhyp about their experience so far.
 

nordanney

2020-04-13 11:35:38
  • #2
That is not the case. You conclude a NEW contract with a new bank. The new bank redeems the old contract step by step against assignment of the land charge. No new property or subordination. Easy and cost-effective.
 

Evolith

2020-04-14 12:54:32
  • #3


Have you ever read such a text or tried to trace it in the various legal texts? You get sent in circles three times. After arriving at the same legal book for the second time, I gave up. If the banks had wanted it clear and obvious, it would have been doable without any problems. By the fourth reference, you stop trying to understand what your objection may be based on.
In our case, we clearly wouldn’t have wanted to object, but I wouldn’t have been able to just like that, because I wouldn’t have understood anything. And that’s exactly where the ruling rightly sets in and “punishes” the banks.
A "from signature you have 2 weeks to object" would have sufficed as well. Other contracts have that and it’s valid.
No, it was (whether intentionally or simply because they think in such a convoluted ways) made so incredibly complicated that you as a layperson don’t know what is possible.
Why shouldn’t I use that if I can save a lot of money with it? Out of pure charity toward the bank? No, I’m out.
 

K1300S

2020-04-14 13:03:21
  • #4
Well, to be fair, one must mention that the whole topic of the right of withdrawal and withdrawal instruction has become significantly more complex due to consumer protection. The banks probably did not want to formulate it themselves and run the risk that their wording would not be complete. In doing so, they overlooked that it is probably their duty to achieve maximum clarity for the consumer here, if necessary through much more extensive formulations, which I as a consumer would otherwise have to piece together myself from dozens of different legal texts.
 

Tassimat

2020-04-14 13:13:49
  • #5


Sure, you could have objected. Exaggeratedly, a one-liner like "I hereby withdraw with immediate effect [..]" is enough. And when the 14-day period ends is completely irrelevant; you won't suddenly think of withdrawing on day 14.

Wrong, a withdrawal does not need a reason! It's only about when the 14-day period starts and ends.

Once again: Anyone who wanted to withdraw could have managed that, no matter how many references there are. All this legal nitpicking and abstract references only concern hypothetical borderline cases of people who, at the last minute, in a cloak-and-dagger operation, quickly shove the withdrawal into the bank's mailbox just before midnight. And only when the bank says the deadline has expired would one have to deal with these paragraphs.
 

nordanney

2020-04-14 13:14:49
  • #6

I dispute that. EVERY consumer today and also back then "understood" that they can withdraw within 14 days of signing. No more and no less. No matter how the (mostly unread) withdrawal instruction was worded. The average consumer doesn’t care about anything else.

P.S. The formulations we are talking about now were, by the way, legally compliant in Germany a few years ago.
 

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