Anyone who is in financial difficulties and cannot get any more money from the bank can be tempted to take out a “quick loan”. But there is a lot you should know about that too.
People with money and debt problems report the considerable psychological pressure and fear of losing control that go hand in hand with the loss of financial options. In addition, there are usually no alternative courses of action and the self-help network no longer supports. Once the credit rating is so bad that banks reject you, taboos and your own shame often lead to the fact that you no longer manage to get help from friends or acquaintances. The result: those affected are desperate and look for the straw that can save them.
Credit without Schufa – then caution is advisable
This is where the business model of dubious credit brokerage comes into play. With advertising promises such as “credit without Schufa” or “instant loan even without income”, they throw out their safety nets – mostly on the Internet. In the end, loans are actually only rarely brokered and then on very unfavorable terms. No wonder, with this scam, high commissions and expenses or the brokerage of other superfluous contracts are earned.
Scam 1: Commissions are due even though my contract is concluded
There are certain methods of getting money out of customers’ pockets. With the first stitch, no loan agreement is concluded, but the agent still charges a commission for his work. Such demands are always unjustified and should be rejected. Because: Commission claims only arise when the loan contract has been signed and the loan amount has been paid out without revocation. The providers also know this, which is why they often collect their claims beforehand by prepayment, blank transfer or cash on delivery.
Mesh 2: Expenses and expenses have to be paid
In the further variant, there is also no loan agreement because, for example, it was revoked by the customer in good time. No commission is required, but expenses or expenses. Here the credit intermediary tries to use the small back door of the BGB in Section 655d of the German Civil Code. According to this, reimbursement for necessary expenses (e.g. for postage, telephone, house calls or writing expenses etc.) can also be requested if no loan agreement has been effectively concluded or revoked. However, the law here requires a strict statement of real expenses. Flat-rate amounts are not sufficient. In practice, however, you will look in vain for statements that take exactly this into account. The same applies to alleged expenses for the previous mediation. These are generally viewed as disguised commissions because the claimed expenses are not proven.
Consumers should therefore always keep their hands off supposedly uncomplicated and fast loan brokerage offers. If you still fell for it, you can seek legal advice from debt counseling centers or the consumer advice center.
About the author: Sascha Straub is a specialist in financial matters and insurance at the Consumer advice center Bavaria.
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