Check credit cancellation
Now check the real estate loan and save many thousands of euros. Why the instructions to cancel loans are often wrong. Check and calculate, but exercise the opposition until 21.06.2016 at the latest!
Why the instructions to withdraw loans are often flawed. Why you should calculate: I: Why the instructions for withdrawing loans are often flawed: After copying the sample, credit institutions can rely on the legal fiction of accuracy. However, almost all credit institutions have not accepted the lessons.
Maturity of loans
This ensures that the maturity of the loans before the end of the fixed interest period offers the opportunity to use low interest rates in the current currency for the remaining term of the financing. In the legal review is to consider: From the respective opposition statement in connection with the official model application, the BGH does not require a uniform and one hundred percent identical name (judgment of 18 March 2014, Case No. II ZR 109/13).
However, he has decided that the contradiction instruction no further instructions such. B. may include additions or changes with their own substantive content, which are irrelevant to the understanding or the effectiveness of the instruction of contradiction and are therefore distracted by it (“Federal Supreme Court, Decision of 9 November 2011, I ZR 123/10).
The criterion here is that the consumer protection intended for the purpose of the revocation presupposes an extensive, clear and unequivocal directive (Federal Court of Justice judgment of 13 January 2009, Ref. II ZR 509/07, cited in Law No 12: decision of 10 May 2009). March 2009, Ref. IX ZR 33/08, cited in Law No. 14). Changes or deviating regulations to the sample text are only disadvantageous for the legal fiction, if it concerns factual and material deviating regulations (BGH, decision of 20.11.2012, file reference II ZR 264/10, file reference II ZR 109/13 = WM 2014, 887, 889, roller scale 889, roller scale 8 mw).
For the blocking declarations used by the National Bank must by no means contain non-content-related elements that distract or confuse consumers, ie they do not meet the legal objective of providing the necessary clear and unambiguous information. The Higher Regional Court of Bamberg holds, for example, withdrawal instructions from banks, which contain bracketed additions, for harmless – as they were often used by the banks in 2007 in contracts – the Higher Regional Court Bamberg with its VO from 01.06.2015 – 6 U 13/15 (our Opinion, however, the VO of the Supreme Court, Vot. 28 May 2014, II marginal 15, simply ignored), there is also a vote of the Higher Regional Court Munich, which is exactly the opposite.
It was about this cancellation policy: “Revocation of the loan number …… The revocation must be sent to:” This was the Munich Office on 04.04.2016 in a decision (ref .: 5 U 464/16) on the defectiveness of Withdrawal statement emphatically stated: The right of revocation does not correspond with the 2007 standard legal requirements (“… at the earliest”).
The Respondent can not rely on § 14 InfoVO aF as well, since the contradictory statements issued do not correspond to the model in Annex 2 in the version valid until 31 March 2008, as the comparison of the paragraph on the financed transactions with the information given there already shows. The statements in the statement of grounds p. 5/6 also provide impressive evidence that the defendant has subjected the prescribed design to its own processing.
According to the settled decisions of the Federal Court of Justice, the valuation effect of Section 14 (1) and (3) BGB-InfoFoF generally only works if the user selects a form that is both content-wise and externally fully complies with the design “, BGH, assessment of 13.03.2014, II RL 109/13, Abs. 15 mwN.
In addition, reference to the decision of the Ninth Senate of 9 November 2015, 18 U 4833/14, overlooks the fact that the issue of presumption of legitimacy does not arise there (see Reasons 28 – Juris). Many banks use revocable access to offer their borrowers more favorable follow-up financing. Anyone who can calculate, will find that a refinancing at the same house bank after exercise of a right of withdrawal does not allow the house bank to achieve the anticipated profits from the revoked loan relationship.
Send us your loan agreement and cancellation policy. A good result can often be achieved in the context of an out-of-court settlement.