Special right of termination according to § 489 Building Code - Refunds

  • Erstellt am 2022-03-08 09:44:57

HilfeHilfe

2022-03-10 05:50:48
  • #1
see the right on the bank side
 

Benutzer19

2022-03-10 08:44:05
  • #2

Morning!

Generally, the opinions are that the initial payout is not enough if the pre-financing bank returns the money and accepts the funds again with the second transfer eight months later. We paid interest to the pre-financing bank.
What I don’t have is anything in writing that the money was actually transferred back once!
I also don’t find the argumentation entirely conclusive. The Building Code states when full payment was made. If my bank made a mistake here, then that’s how it is.
That’s what I thought and as I said, I have nothing in writing about the transfer back. I only have four documents in total proving that the money was paid out in 05/2014.

There are also statements from my district manager of the current bank:
- Once in a personal conversation in 08/2021 with the witness bank advisor of the pre-financing bank I can terminate as of 05/2024 + 6 months.
- In an email 08/2021 'remaining balance as of 11/2024 (termination according to Building Code 488)
- In an email 08/2021 with offers for a forward loan as of 11/2024
- In an email 03/2022 his headquarters had also initially given him the date 11/2024.

So if I cannot rely on these statements, then on what?
And, I already wrote, if the bank had given me 08/2025 straight away, I would have requested and received the conditions for this date in January. But I could not because I was given many different dates by my bank. One has to be able to rely on these repeated statements in good faith.
The only problem is that since then interest rates have risen extremely. And I am not willing to bear this damage.
Really unjust?
 

Hyponex

2022-03-10 16:09:41
  • #3


so if you have several emails from them where they basically "confirm" the exact date 11/2024, I would refer to that. and tell them: you are sitting in front of the computer, you could have checked it at any time but didn’t. Now they should show how "accommodating" they are.

I would first send a "friendly message," referring to the correspondence (emails) where the date for the termination 11/24 was mentioned every time. then also describe the damage and see how they react.

if the reaction is "insufficient," then write a short letter to the board, attach the email as evidence, and simply ask what they can offer you as "compensation." Often it is the case that they protect their employees, but out of "accommodation" they can still offer something reasonable.
 

HilfeHilfe

2022-03-11 05:39:18
  • #4


the problem is that the interest rate keeps galloping away further
 

Benutzer19

2022-03-11 11:47:50
  • #5
This will be a problem for me if the new bank refuses the financing. However, this is actually unlikely. I will probably close with the new bank by 11/2024 and then either have to pay commitment interest for 8 months or pay a prepayment penalty to the current bank. Who bears these costs will then have to be clarified. I may also file a complaint with the Federal Financial Supervisory Authority if no agreement is reached.
 

Benutzer19

2022-03-16 16:07:39
  • #6
On 07.03 I submitted the complaint. Today, after 9 days, I received the following mail...

"Zwischenbescheid
Sehr geehrter Herr X,
Ihre E-Mail vom 7. März 2022 ist bei uns eingegangen. Wir werden Ihr Anliegen prüfen
und Sie schnellstmöglich wieder informieren."


9 days for an acknowledgement of receipt. This is what it looks like when you point out that you need a solution as soon as possible...
 

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