Sunday, December 4, 2016

New dispute on home loan and savings contracts: Several lawsuits filed – FAZ – Frankfurter Allgemeine Zeitung

Stuttgart (dpa) – building societies need to justify themselves in the future, in a further dispute about a termination clause in court.

complaints against the Association of Private building societies, the Badenia and the LBS of the southwest had been filed, with Baden shared the Verbraucherzentrale (VZ)-Württemberg, which warned the institutions and the required Declaration to cease and desist. The defendants rejected the accusations as unfounded. The proceedings before the Stuttgart district court against the LBS southwest was for the 23. February has been terminated. The home market of the LBS Baden-Württemberg and Rhineland-Palatinate.

It is a clause which was introduced at LBS South West in 2005, and could be terminated according to the agreements of 15 years after completion, if you have not been converted into loans. From the point of view of the plaintiff, such dismissal fell heavily to the detriment of the consumer.

The accusations are to be registered with shaking at representatives of the building societies head-on. The LBS established the southwest of the clause with the operation of the economic Provisions in the meaning of “home savings collective”, so as a protective measure for the savings and loan system, and thus for all customers. A spokesman for the Badenia said: “We consider the lawsuit to be without merit and will therefore provide neither a Declaration to cease and desist the clause.”

The Association of Private building societies to be included in the appropriate clause, since 2013, in contract specifications – the pattern conditions. The Association is the deadline for a cease and desist Declaration to elapse, therefore, have filed a lawsuit, said consumer advocates Niels Nauhauser. This procedure would be in Berlin. Check the facts of the case, said a spokesman for the Association.

Separately, the new actions are already running for 2015, numerous processes against the dismissal of a good interest rate Altverträgen. Here, the building societies do not relate to such a clause, but a sort of special right of termination in the Civil law book (BGB). The Federal court is likely to clarify in 2017, if the use of this special right of termination is legitimate. This is not, it would be the new clause for the industry could in future play a major role – on their Basis the Institute could separate again from many customers.

consumer advocates Nauhauser said the lawsuit his organization: “With our procedure, we intend to create legal certainty and, if possible, a new wave of layoffs of Altverträgen prevent it.”


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