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

  • Erstellt am 2020-03-27 22:26:06

Maschi33

2020-04-14 21:20:03
  • #1
That's right, that's how you get rid of most freeloaders in advance anyway, since they are too stingy for comprehensive legal protection.
 

Zauberwesen

2020-04-14 21:35:36
  • #2
Being right and getting justice are, as always, two different things
 

Tassimat

2020-04-15 01:30:16
  • #3
Well, one could submit the objection tomorrow and wait to see how it is decided. If it is legally valid, it applies from the submission and one would have the chance to get the interest back from the objection onward. The only drawback is that one must be able to repay the entire loan within 30 days on a provisional basis.

If you are not afraid of the risk and have enough money in reserve, I would find that a charming solution. Another thing where the rich can get a little richer, backed by consumer protection.
 

Yaso2.0

2020-04-15 15:20:32
  • #4
Current status with me:

Today a conversation with the financing broker regarding a "possible offer."

In the conversation, I was directly told that the majority of banks reject customers who come because of a revocation. ING, for example, would immediately reject.

The possible offer is: 0.36% for 10 years. However, I was also told here that the respective bank makes individual decisions in such change cases.

But I have asked the currently financing bank whether the interest rate can be discussed again, as I would rather not change the bank itself.

In the event that my house bank does not cooperate but accepts the subsequent revocation, I could borrow the money for the payoff within the family until the signing of the new financing, in case it takes time at the other bank.
 

Yaso2.0

2020-04-17 12:25:53
  • #5
The following response has just come from my current bank:

........
we refer to your aforementioned inquiry.

The CJEU ruled on 26.03.2020 only that a regulation from the withdrawal information used in Germany for consumer loan agreements is not compatible with European law. However, it should be noted that the Federal Court of Justice (BGH) has already repeatedly confirmed that this withdrawal information complies with German law and the statutory model valid in Germany. Therefore, claims by borrowers against the financing credit institutions are excluded.

The incorrect implementation of European law by the German legislator may at most give rise to official liability claims. However, we cannot assess whether you are entitled to such claims against the German legislator.


So one has to wait and see what the BGH says about this..

I must admit that I thought a ruling by the CJEU would overturn the ruling of the BGH. However, my research afterwards did not confirm this.

Or is there anyone here who has already had different experiences?!
 

fragg

2020-04-17 12:57:53
  • #6
at BHW there is a separate A4 sheet. it contains all kinds of information, including: If our clause is invalid, the objection still expires after a maximum of one year following the conclusion of the contract
 
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