Diesel drivers are frustrated
It has been talked about for years: Diesel drivers get problems because their vehicles lose value and can only be used to a limited extent due to driving bans. Many vehicles are also affected by exhaust gas manipulation. This is all very annoying for diesel owners, especially since diesel was once considered to be particularly stable in value and durable.
Loan financing gives leverage for unwinding
The “withdrawal joker” for loan financing is also not new. Consumers who have financed the vehicle purchase with a loan arranged by the dealer can revoke the credit and the purchase for two weeks. The two-week period does not expire, however, if the bank does not provide proper cancellation information and does not include a complete and correct list of mandatory information (contractual interest, default interest, supervisory authority, etc.) in the contract. That is often the case. The revocation is then possible years later. Consequence of the revocation: The borrower receives his installments back and gives the car to the bank. The loan is considered repaid. The borrower must deduct a deduction for kilometers driven.
Now judgments by the highest court, Az. XI ZR 525/19 and XI ZR 498/19
After the Federal Court of Justice (BGH) declared the contracts of the Mercedes Bank, Ford Bank and BMW Bank to be legal, hopes of successful revocation suits dwindled. But obviously the BGH has now also judged consumer-friendly. Restraint is still required, as the reasons for the decision have not yet been published, but the press releases and the “Flurfunk” give reason for confidence. Then the FCA Bank was convicted. But the reasons concern many other banks.
Two prerequisites for success for lawsuit
Apparently, two requirements must be met:
On the one hand, the cancellation information must contain the following passage (“cascade reference”):
“The period begins after the contract is concluded, but only after the borrower has received all mandatory information in accordance with Section 492 (2) BGB (e.g. information on the type of loan, information on the net loan amount, information on the contract period)”.
The cascade reference refers to a confusing chain of standards and is not understood by consumers. The revocation information is therefore not clear and understandable and therefore also improper. The ECJ has also ruled that the cascade reference does not meet the requirements of European law. But: The BGH has already decided that the bank is protected if it adopts the legal template for the cancellation information (a kind of sample) exactly. The cascade reference is also included in the template. Now the BGH has decided in Az. XI ZR 525/19 and XI ZR 498/19, however, that the bank is not protected if the cancellation information has not been taken over exactly.
On the other hand, the cancellation information must not correspond to the legal model.
This is where the lawyer comes into play, because the consumer cannot usually determine that himself. However, if a related contract is mentioned in the cancellation information that has not been concluded (e.g. insurance), there may be a deviation from the sample. But after examining hundreds of contracts, attorney Dr. Schweers announced that many banks have other deviations in certain contract generations, in particular the Santander Bank, RCI Bank, the banks from the VW Group (VW Bank, Audi Bank, Skoda Bank, Seat Bank). But it is also worth checking with other banks due to other errors.
BGH XI ZR 525/19 and XI ZR 498/19: Now free initial examination
Attorney Dr. Schweers offers a free initial assessment of the legal options. To do this, contact lawyer Dr. Schweers easily by mail, fax, letter or phone. It is best to send a copy of the purchase and credit agreement along with it.
Existing legal protection insurances must usually take place. Attorney Dr. Schweers gladly for you.
Consumer advocates with experience
The Stiftung Warentest leads lawyer Dr. Schweers as a successful lawyer. The Handelsblatt reported on its legal advice regarding the diesel scandal.
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