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

  • Erstellt am 2020-03-27 22:26:06

Snowy36

2020-03-29 15:22:15
  • #1
Hm but I did use a service, so I have to pay for that, right? I would find it strange, it would feel like the difference between the current lower interest rate and the higher one back then should be repaid if anything.
 

Isokrates

2020-03-29 15:31:43
  • #2
The only plausible legal option, provided the banks simply accept this, is a cancellation without payment of prepayment penalties. However, it should also be noted that the wording criticized by the [EuGH] was probably prescribed as a template by the legislature in the contracts. To what extent a German court would punish a bank that adhered to regulations set by the legislature appears questionable.

Furthermore, I consider the claim that one would get the paid interest back to be a bold thesis, since the economic benefit of the borrowed money was utilized. Only if the interest had been classified as usurious at the time of the conclusion would there be a claim to excessively paid interest.

In my opinion, everything else is pure client fishing.
 

Joedreck

2020-03-29 16:31:19
  • #3
Sorry, but if revoking, then like a credit never utilized. The revocation takes effect at the time of conclusion, unlike termination.
 

nms_hs

2020-03-29 16:35:39
  • #4
However, the banks deviated from the model texts, i.e., they did not adhere to them. I have read that you might possibly reduce your interest rate to the market standard at the time when revoking, there is apparently such a table.
 

Isokrates

2020-03-29 17:04:03
  • #5


That does not change the fact that the benefits received must be mutually balanced.
The borrower must therefore pay interest to the bank on the loan amount and the bank must pay interest for the repayment amounts received.

There is also the difference with the cutoff date in 2014 regarding the calculation.
But the idea that you generally get all interest back and would have to pay nothing for the loan granted is nonsense.
 

Specki

2020-03-29 17:08:05
  • #6
Tell that to WBS. This law firm claims the exact opposite.
 

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