The "revocation joker This known trick may also work for diesel owners under certain circumstances, but it is tied to a number of conditions and the legal situation is not yet clear in many places.
Consumers will use the "revocation joker" often want to use it if they have financed a diesel car that is affected by the diesel scandal. However, if the necessary preconditions are met, the revocation joker can generally be used for any financed passenger car if this makes (economic) sense for the consumer. For example, in the case of a "Monday car.
Generally speaking: if you are considering using the "revocation joker" to use, be sure to obtain legal advice.
Consumer advocates reach settlement with VW
The verbraucherzentrale bundesverband (vzbv) had filed a lawsuit against volkswagen AG. This is possible thanks to the introduction of the new action for a declaratory judgement. Am 1. november 2018, the relevant law had come into force. Lawsuit filed on the same day in connection with the emissions scandal.
In the meantime, a settlement has been reached. You can find more information here.
Here are answers to the most important questions:
Can I return my old diesel if I revoke the financing now??
The basic prerequisite for revocation is that the purchase of the car and the financing agreement are legally linked. This is usually the case if the financing agreement went through the dealer.
Further prerequisite is that the loan agreement was defective. According to the current state of the law, the customer has a right of revocation in many cases, for example, because the financing bank has provided no or incomplete information about whether and how the customer can terminate the contract prematurely. A significant number of regional courts have already ruled in favor of consumers. The following is a selection of consumer-friendly rulings:
- arnsberg regional court, judgment of 17.11.2017, file reference: 2 O 45/17 berlin regional court, judgment of 05.12.2017, ref. no.: 4 O 150/16 (no longer applicable)
- berlin regional court, judgment of 15.02.2019, ref: 4 O 20/18
- ellwangen district court, judgment of 25.01.2018 case no.: 4 O 232/landgericht munchen I, judgment of 09.02.2018, ref. no.: 29 O 14138/17
- stuttgart regional court, judgment of 22.03.2018, case no.: 14 O 340/17 regional court of wiesbaden, judgment of 09.08.2018, ref. no.: 9 O 143/18
- erfurt Regional Court, judgment of 08.03.2019, ref. no.: 9 O 480/18 regional court of wuppertal, judgment of 21.10.2019, ref. no.: 17 O 62/19 (concerns a leasing contract)
- Regional court of bochum, judgment of 05.03.2020, ref. no.: I-1 O 374/19 (financed used vehicle)
- Regional Court of Hof, judgment of 18.03.2020, ref. no.: 17 O 10/19
However, not all judgments are legally binding, or the defendant bank may have chosen not to pursue its claim for tactical reasons – by acknowledging, settling or.A. – a landmark court decision avoided. Courts in another judicial district or in a higher instance may therefore well rule differently. In addition, individual regional courts have already dismissed consumer complaints:
- dusseldorf regional court (az. 11 O 37/17),
- Cologne Regional Court (az. 21 O 23/17)
A – per se existing – right of revocation can also be exercised due to "forfeiture" be excluded in certain cases. For example, this is the view of the dusseldorf Higher Regional Court, ruling of 28.05.2019, ref. no.: 9 U 77/18. Forfeiture means that the loan financier no longer has to expect that the borrower will exercise his right of revocation due to special circumstances. In such cases, the so-called forfeiture of the right of revocation may have occurred and the borrower can no longer exercise his – in principle existing – right of revocation.
A new approach to revocation could result from the decision of the european Court of Justice (eugh) on 26 June 2009. March 2020 (case number C-66/19) and from 09. September 2021 (Case C-33/20, C-155/20 and C-187/20). The rulings concerned the right of revocation in the case of (general) consumer loans and possibly expand the circle of errors in revocation instructions and obligatory information. This would also have an effect on corresponding car financing. However, the BGH will in any case uphold the ruling of the eugh of 26. March 2020 not apply in certain cases if the lender has properly used the legally defined model instruction. See also our separate article.
every case is different and individual! Get a legal assessment of whether a revocation is possible in your case. Legal advice from a lawyer usually costs money!
If you have legal protection insurance, ask for a confirmation of coverage beforehand.
If you have no insurance coverage and only a low income and assets, you may be entitled to a consulting assistance certificate.
The revocation is possible in my case! Can i get my money back now?
If you revoke the financing, both contracts are cancelled: the loan contract and the purchase contract for the car. You must then return the financed car.
If the bank has received the notice of revocation, you no longer have to transfer any interest and redemption payments. You can reclaim installments already paid from the lender.
In return, however, the bank regularly has a claim to the contractually agreed interest on the loan, because you have used the loan for a certain period of time. This applies from the time the loan amount is disbursed until the time the loan is revoked
this only applies if you have been advised of this in the contract. You should therefore check whether the loan agreement properly informs you about the consequences of revocation. If this is not the case, it is conceivable that the lender has no interest claim.
But I get my money – minus the interest on the loan up to the time of revocation?
Unfortunately, it is not that simple. Generally, after revocation of financing contracts, you must pay the dealer a value replacement rate for having driven the car.
Some legal experts are of the opinion that the revocation of a financing agreement, at least if it is concluded as of 13 September 2014, does not give rise to any compensation for use value. June 2014, no compensation for use is due. This is also the view of the berlin regional court in its ruling of 15.02.2019, ref. no.: 4 O 20/18. The regional court has ruled that, due to the faulty revocation instruction, no value replacement should be owed. As a result, the bank was allowed to keep only the interest paid on the loan. The plaintiff thus acquired the car "free of charge" dangers.
To support this position, reference is also made in part to the decision of the OLG munchen, judgment of 18.06.2020, ref. no.: 32 U 7119/19 referred to. However, it may be questionable whether this decision is actually relevant, since it concerns a leasing contract with mileage accounting, which is not subject to the scope of application of consumer protection regulations.
Other court decisions that have become known to us so far, which grant consumers a right of revocation, see this clearly differently. According to this it cannot be ruled out that at least for the kilometers driven with the car a value replacement has to be paid.
However, this is not calculated on a flat-rate per-kilometer basis. The calculation is more complicated: the kilometers driven are multiplied by the gross purchase price of the vehicle and divided by the expected remaining mileage of the vehicle (at the time of purchase). Are you therefore until the revocation 50.000 kilometers driven with the car and has the car 10.If the vehicle cost you EUR 000, you would have to pay a residual mileage of EUR 100,000 in certain cases.000 kilometers pay 5000 euro value replacement for use.
In addition, it cannot be ruled out that under certain circumstances replacement for a loss in value of the car have to pay if it is higher than usual. This can be, for example, any damage to the vehicle caused by prolonged or more intensive use, e.g. B. Parking bumper, heavy interior pollution.
the extent of the claims for compensation is regularly determined by expected court rulings.
The exact value of the vehicle can only be determined at the time of the return of the vehicle, so after the revocation, against refund of the money. If, however, there is a legal dispute about revocation and reimbursement, this usually takes place only after a final judgment has been rendered. A process like this can take years. Then it remains unclear for a long time exactly how much you will get back and whether revocation and reversal of the contracts are actually worthwhile.
Is a revocation worthwhile for me at all then??
This cannot be answered with a blanket yes or no answer. It always depends on the individual case. In addition, there have only been a few final court rulings to date, some of which are still contradictory, so that the scales of justice may still tilt to one side or the other and change fundamentally.
Since the values in dispute for the proceedings are often very high (regularly in the five-digit range), the cost risk for you is also considerable. Also, a process – over several instances – usually takes several years. You should weigh up all this beforehand.