Revocation of the loan Prepayment Compensation
From whom can the prepayment penalty paid for a loan be revoked without paying a prepayment penalty? Cancel credit: How to get out of your expensive credit. Cancellation policy: Is your cancellation policy incorrect? Cancel credit: How to get out of your expensive credit.
As a dependent institution must now, after the bank in the final instance, lodge an injunction against the last instance of our law firm as an independent institute has issued court January 11, 2009, they have with decision from 24.07. 2018 (Az .: XI ZR 577/17) to compensate our customer the early repayment penalty of EUR 36,742.17 plus interest.
Redemption of the loan and repayment of the early repayment penalty:
The customer had already repaid his credit agreement (real estate loan) concluded in November 2012 with BW-Bank and paid a prepayment penalty of EUR 36,742.17 to BW-Bank. Following the subsequent cancellation of the loan agreement in the wake of a false cancellation instruction in the spring of 2015, we asked BW Bank to reimburse our customer for the prepayment penalty.
Proceedings against BW-Bank: However, after bank refused to reimburse the early repayment penalty, among other things with reference to the so-called forfaiture, we have filed a corresponding claim in the name of our customer with the client. The latter has the bank by resolution of 02.05.2016 for repayment (Ref .: 12 O 393/15).
Decision of the client office of 12.09.2017: The Office confirmed this decision with its appeal decision of 12.09.2017 (Ref .: 6 U 119/16). It not only confirmed the incorrectness of the cancellation policy, but also made clear that the right of withdrawal of the borrower was not extinguished, because the borrower had already replaced the lending business premature some time before his revocation.
Bank decision of 24.07.2018: The bank against the complainants had filed a complaint against a non-admission complaint, because it was still contrary to the extensive and well-founded reasons of the Higher Regional Court that the applicant at the time of the declaration of withdrawal already on had waived his right of opposition.
Vesting: The bank thus rejects the overly general view of some institutions that the right of revocation expires in any case, if it is only after the expiry of the credit agreement, clearly back again. Our offer to you: We check for you whether the house bank has fulfilled its legal obligations. If this is not the case, we will assert our customers out of court and in court to assert the resulting claims for compensation.