Withdrawal Loan Interest
On the other hand, the revocation of a loan agreement is referred to as a cancellation joker, as this brings the borrower high interest savings. Withdrawal loan: Withdrawal loan: What are the interest after the cancellation in accordance with the Office of Statistics Dusseldorf to pay the house bank! The OLG Dusseldorf is the first German district court of the view that the credit institutions are entitled to a flat rate of 2.5 percent above the respective base rate and not the previously assumed contract interest rate after revocation. If the clients are in conflict with a house bank about the validity of their objection, the opinion of the OLG can lead to the fact that the borrower is entitled to substantial interest refunds.
Replace the existing house bank loan
General Issues In many cases, lending institutions generally do not repudiate a bond deal, but reject it. It considers that the loan is still intact and does not wish to transfer the base fee for the loan to another principal bank so that no new financing agreement can be made to replace the existing house bank loan.
With the rejection of the revocation, the credit institutions have so far taken out the right to continue to ask for (usually very high) lending rates. From a legal point of view, it has to be taken into account how the house bank justifies its interest claims. II) If the interest claim is based on 346 BGB, ie on the so-called reverse settlement ratio, BuyNer is in principle entitled to the contractual interest pursuant to paragraph 2 sentence 2.
This is a bad incident for the borrower, but good for the banks. The fact that it is known that the reverse transaction ratio also works beyond the revocation argues for the reference to this paragraph. II) If the interest claim is based on 286 BGB, ie default in payment, BuyNer is not entitled to any interest.
Because BuyNer does not generally offer the borrower any compensation for the claims for recourse, the general conditions for default are not met (see section 348 p. 2 BGB). This is supported by the fact that the BGH has already decided that a revocation is a caesura and that the reverse transaction ratio lasts only up to this caesura.
III) However, if the interest claim is based on 818 BGB, ie on the right to a condition, BuyNer is entitled to the actual benefits. In contrast to the aforementioned paragraphs, no flat-rate taxation is provided for in § 818 BGB, but takes into account the concrete advantages of using the bond. For the Office of Dusseldorf, the considerations of the Federal Supreme Court are decisive here, which calculates the benefit of the use with 2.5 percentage points above the base rate.
This is supported by the fact that neither paragraph 346 intervenes nor the so-called delay lies. The Düsseldorf Higher Regional Court will not appeal against this decision. All previous decisions in this regard were dependent on the opinions of the Federal Court and no OLG had dealt with the concerns of the Federal Court in relation to the Caesura.
Therefore, the Düsseldorf Office of Law and Citizens Rights considers all previous decisions to be “outdated”.