Consumer Protection Association
Vienna (ots)
Statute of limitations 30 years / credit interest also damages
The consumer protection association (VSV) has mediated risk-free individual lawsuits in Germany for hundreds of Austrian VW victims in cooperation with a German litigation financier. If the vehicle was taken over in Austria, Austrian law will also apply in German courts.
A legal opinion obtained from the Braunschweig district court now confirms the legal opinion of the VSV: The plaintiffs not only have a claim against VW for the rescission of the purchase contract because of the fraudulent exhaust gas manipulation, and that for 30 years. The plaintiffs are also entitled to interest from the date of purchase as additional damages if they had a loan outstanding at the same time.
The German Federal Court of Justice (BGH) regularly awards the purchase price paid to deceived car buyers in lawsuits against VW, less a usage compensation for kilometers driven, this step-by-step against the return of the vehicle. So far, however, the injured party has only received interest from the time the lawsuit was filed.
The present legal opinion now points out that, under certain conditions, an injured party may already be entitled to interest from the date of purchase, namely if the car buyer had a loan – regardless of the purpose (!) – which he was unable to reduce because of the car purchase.
The difference in two calculation examples:
Compensation without credit interest
- Car bought on January 2nd, 2013 / purchase price € 30,000
- drove 220,000 km until complaint
- assumed mileage 250,000 km = 0.12 euros/km – Compensation for use therefore € 26,400
- € 30.000 – € 26.400 = € 3,600 in damages
- Lawsuit on January 2nd, 2022 (9 years after the car purchase)
Compensation with credit interest
- Car purchase, kilometers driven and resulting damages (€ 3,600) as above
- Credit from the date of purchase in the amount of at least the purchase price of the car with interest on credit averaging 2% per year
- Assessment basis for interest = average value of the vehicle from purchase (€ 30,000) to legal action (€ 3,600) = € 16,800
- $16,800 x 2% interest = $336 x 9 (years) = $3,024 interest
- €3,600 (damages without interest on the loan) plus €3,024 (interest on the loan) = €
6,624 total damages
“This report brings new opportunities for the 340,000 Austrian VW victims who have not yet asserted their claims against VW because of the exhaust gas scandal: on the one hand, they can still sue because the limitation period is 30 years, and they will get it if they have at the same time they had a loan that they could not reduce because of the car purchase, considerably more in damages. This at least partially offsets the deduction for kilometers driven,” explains Peter Kolba, chairman of the VSV.
Due to its cooperation with a German litigation financier, the SAAM is able to mediate lawsuits in Germany for its members completely free of charge and risk.
The membership fee is €35 for consumers, €65 for one-person companies (EPUs) and €110 for SMEs per calendar year. If successful, the litigation funder receives a share of 35% of the net proceeds.
“Anyone who wants to claim loan interest in addition to the reverse transaction of the car purchase because of the emissions scandal must also provide us with the exact loan documents in addition to the purchase documents for the vehicle. We are currently unable to accept leasing vehicles. Now or never you should join the risk-free individual lawsuits of the VSV in Germany,” says Peter Kolba.
Service: information and participation www.verbraucherschutzverein.eu/vw/
Press contact:
dr Peter Kolba, Chairman of the SAAM, +436602002437
Original content from: Verbraucherschutzverein, transmitted by news aktuell
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