“It affected long-term savings contracts, which are equipped with a variable basic interest rate and a fixed Premium scale,” says a lawyer from the consumer advice centre of Saxony (VZ Saxony) in a Video on “welt.de”.
These contracts had different names. Some are called “premiums save flexible”, others were marketed as a “pension plan”, the expert explains.
For customers important: Were the interest rate increases, correct?
The Problem with many of the contracts referred to from the point of view of the VZ Saxony was “the question of whether the savings banks have interest rates during the term properly adjusted”.
The consumer advocate, related to your statement explicitly by the customers of the savings banks, which, in their view, problems with interest rate adjustment clauses. However, a listing of all the German consumer centres, with around 140 institutes, shows that in addition to the aforementioned savings banks, individual institutions, other Bank chains are affected:
- BW Bank
- Circle of savings banks
- Raiffeisen banks
- Sparda Bank
- national banks
- VR Bank
According to the legal opinion of the consumer organizations the interest rate adjustments in the case of listed money houses “and regularly incorrect”, such as the consumer activist explains. Therefore, an additional payment was to claim.
Some customers would have claims on “five-digit reimbursement amounts,” said the lawyer. It is, therefore, sums that are higher than 10,000 euros.
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Many cancellations of prescription threatened
The contracts were mostly completed in the 1990s until the beginning of the 2000s, explained in the Video. Since the European Central Bank cut (ECB) years ago, the interest rates to Zero, whether money, houses moved “to terminate those contracts massively – because they are a burden,” explains the employee of the VZ Saxony. You’ve been looking at for 2017.
The simple reason for this: For the consumer, the contracts have become increasingly lucrative, especially when you have reached the maximum Premium scale. And it is precisely this Phase the banks ‘ burden is particularly strong.
Bank customers in whose interest accounts has been terminated, must be careful not to according to the expert, that the operation is time-barred: it was in the case of termination in the year 2017, the end of 2020 the case.
In the operations, it is probably not the exception cases. The example of the savings banks in Munich and Nuremberg, the expert calls each of dismissals of more than 20,000 contracts only in the year 2019.
savers can check whether you are affected
in Order to clarify whether they belong to the Concerned, consumers should check their contracts to see whether they contain detailed adjustment clauses. These were formulated only in vague, there is probably no less legal ways.
To savers assume that the above facts apply to you, you should let in a second step, the experts determine how high your payment claim fails. Only a few money houses are ready to make your customers “reasonable settlement offer” to submit it.
Therefore, would have to take care of consumers themselves, that they – from the point of view of consumer associations – which you contractually agreed to receive interest.
VZ Saxony advises to suit
From the point of view of the VZ Saxony Affected two ways:
- you can file an individual lawsuit against your Bank. However, this is associated with a cost risk.
- In individual cases, the variant is opened: If an institution has a pattern for a declaratory judgment is pending, can connect to the customers of this Bank of the action – without the risk and cost, such as the expert emphasises.
such A pattern for a declaratory judgment there is against the Sparkasse Leipzig. The competent court of first instance on 22. April, a verdict of not spoken, it was established in law. The case of the Federal court of justice had to decide what to be done probably in the year 2021.
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