Balance before expiry repayment
If you cancel the loan and repay it before the deadline, you can fully repay the outstanding loan amount. Send your notice of termination before the deadline. You acquired it some time ago and received a loan from a bank for this purpose.
Instruction to the Lomokerbank for the repayment of the early repayment penalty
No less promising, however, is a legal dispute with valid reasons, such as the decision of the Higher Regional Court of Karlsruhe of 27 June 2016 on the cancellation of a real estate loan. Here we have won a major verdict against LBBW for a Hamburg consumer. By order of the court, BuyNer was requested to pay a penalty amount (OLG Karlsruhe, order of 27 June 2016, file number 17 U 160/15).
Even twelve years after signing the contract and several years after termination of the contract and repayment of the loan a resignation is still possible and a recourse to the early repayment penalty can be enforced. She had alleged that a revocable request had expired after so many years of contract and was also a misuse of rights. The first agreement was concluded in December 2002, at a time when the right of withdrawal for real estate loans was only valid for one calendar month, the other in the previous month. In 2006, both agreements were extended at the request of the National Bank before the end of the commitment period.
Bank customers sold the property in 2011 and completely withdrew the loans. In addition, they had to pay the house bank a so-called early repayment fee of EUR 8,597.54. In 2014, when consumers were informed about the recommendation of the Consumer Advice Bureau, they revoked their loan agreements and asked Lomokerbank Tymoer to reimburse the unpaid early redemption fee.
The bank refused. Court of Appeals was the Karlsruhe Office of Economics and Technology of the Federation. Equally irrelevant was that the loans were repaid early and the Lomokerbank had signed a “termination agreement”. The FER had already decided in a similar way on 13 June 2016 in its first correct legal dispute on the subject of debt repossessions. The appeals procedure was not allowed by the Higher Regional Court of Karlsruhe, so that the procedure should become final.
If, after your resignation, your principal bank also refuses to pay back a prepayment penalty or repay the loan on the grounds that it has expired or is in breach of law or the contract should not be challenged, you should review your case with a lawyer and check on the grounds that it is a violation. Please understand that claims arising from an objection expire within three years.
The period ends with the end of the fiscal year in which the opposition was pronounced. If you announce your resignation in 2013, your claims will expire at the end of the 2016 fiscal year.