Due to incorrect revocation information, customers of santander bank can still effectively revoke their car loan or leasing contract today. This way you can withdraw from the contract prematurely and return the car. In return, they receive the installments already paid and the down payment back. Get in touch free of charge and without obligation via our contact form. You will receive a written assessment of your legal options and prospects of success within a few days.
Rulings in favor of consumers against santander bank
the heilbronn regional court has ruled that revocation instructions issued by santander consumer bank AG are faulty and that the contract can be effectively revoked (ruling of 25.03.2019, az. Bi 6 O 3/19). The proceedings before the Heilbronn Regional Court concerned a car loan agreement dated november 2016 for the financing of a ford focus. The plaintiff had declared the revocation in august 2018. The court found that the wording included in the loan agreement that a declaration of cancellation by the borrower is deemed not to have been made if the amount owed is not repaid within 2 weeks is incorrect. Thus, the revocation information was incorrect and revocation of the loan agreement with santander was still possible.
A higher regional court, the OLG dusseldorf, also considers the contracts of santander bank to be revocable in several cases due to an inadmissible cascade reference. According to the decision of 17.07.2020, az. I-7 U 175/19, santander bank did not correctly use the statutory model for a revocation instruction. According to the decision of 17.03.2021, az. I-14 U 291/20, and according to the judgment of 09.04.2021, az. 7 U 155/20 the higher regional court of dusseldorf again considers a car loan from santander bank to be permanently revocable.
in addition, there are acknowledgement judgments against santander bank before the ravensburg regional court and the heilbronn regional court: ravensburg regional court, acknowledgement judgment of 05.02.2021, az. 2 O 361/20 and heilbronn regional court, acknowledgment judgment of 18.12.2020, az. 6 O 17/20.
Tip: how much money can i get back?? Use our free online calculator
calculate your economic advantage in the event of a successful recall with our free online calculator. Our online calculator applies to anyone who bought their car after 13.06.purchased and financed in 2014.
BGH ruling on car loan revocation& leasing
The supreme european court ruled in march 2020 that clauses in credit agreements that contain a so-called cascade reference are inadmissible (eugh, ruling of 26.3.2020, az. C-66/19). A cascade reference exists when a contract refers to a law which in turn also refers to another law. Cancellation instructions with such a reference are neither clear nor comprehensible for consumers. In the past, the Federal Court of Justice (BGH) was wrongly of the opinion that the cascade reference was permissible.
With two recent rulings (XI ZR 489/19 and XI ZR 525/19 of 27.10.2020) the Federal Court of Justice (BGH) has bowed to the consumer-friendly requirements of the european Court of Justice and ruled in favor of consumers. In both cases, drivers were able to revoke their financing and demand repayment from the bank. In doing so, the Federal Court of Justice (BGH) has confirmed the ruling of the eugh of 26.03.2020 applied. the defendant bank has used contract forms that deviate from the sample revocation instruction that they XI. civil senate of the federal court of justice cannot grant "protection of existence. The BGH’s reversal on car loan revocation makes millions of car loan and leasing contracts from various car banks revocable.
Faqs santander bank car loan revocation& leasing
What are the benefits of revoking my car loan??
you can cancel the loan agreement early and return the car. In return, they receive back the installments and down payment already paid. In the ideal case, the bank must pay all interest and redemption payments as well as the down payment without deductions. But even if the bank should be entitled to compensation for use, this is in many cases the more lucrative option, especially for cars affected by the emissions scandal.
Who can profit?
The revocation joker can be used by any consumer who has signed a loan or leasing agreement after the 10th month of validity.06.2010, regardless of whether it is a diesel, petrol, (plug-in) hybrid or electric vehicle.
Does this also apply to entrepreneurs?
In principle, the law does not provide a right of withdrawal for entrepreneurs. However, there are narrow exceptions that must be examined in each individual case. For example, if the car was purchased while the business was still being set up.
What if I have financed a used car??
It does not matter whether it is a used or a new car. It is important that the loan or leasing contract is revoked from the 10.06.concluded in 2010.
What if I have already paid the last installment??
In this case, too, the contract can generally be revoked.
What about signs of use or even accidental damage??
Usual traces of use are irrelevant. Whether this also applies to accidental damage must be examined on a case-by-case basis, as it may be that a revocation does not make much economic sense.
What if I have already sold my car?
Here, too, it must be checked on a case-by-case basis whether it also makes sense for economic reasons to extend the loan or to reduce the purchase price. revoking a leasing contract. However, the revocation is generally possible.
Does my legal protection insurance cover?
Legal protection insurance for contracts or motorists is generally valid in the event of a revocation, provided that it was taken out in good time before the insured event and the insurance conditions do not expressly exclude revocation. The insurance case occurs as soon as the bank rejects the revocation.
Santander bank car loan& leasing – this is how you proceed
As part of our free review, we first show you whether there is a possibility of revocation. We also undertake a free coverage inquiry with your legal protection insurance company. If you wish, we will even declare the revocation, so that we take over the complete correspondence with both the insurance company and the bank. Of course we will keep you informed about every step of the process.
AKH-H lawyers: our service package for the revocation of car loans
- Free assessment of the chances of success of the revocation
- Free advice in addition to that on claims for damages of the car purchase and the statute of limitations
- free coverage request with your legal protection insurance
- High-performance team with over 20 specialized lawyers and business lawyers
- Nationwide representation, out of court and in court
- Recommended law firm "revocation car loan" by finanztip
- listed firm "revocation car loan" by stiftung warentest
you have questions about the santander bank car loan revocation& leasing? Call us at 0711-9308110 or write us your questions via our contact form.