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Withdrawal From Consumer Credit Agreement

a credit contract that has been terminated in accordance with Rule 15, paragraph 1 of the Consumer Protection Regulation (remote sales) 2000 (automatic termination of a corresponding credit contract) or Regulation 38 of consumer contracts (Information, Cancellation and Additional Charges) 2013 (effects of revocation or termination on ancillary contracts)3; Although the directive does not apply to mortgage-backed loans, as was the case, the ECJ found the request for a preliminary decision to be admissible. The ECJ ruled that the German legislator had decided that the provisions of the directive should apply to such contracts, taking into account the option provided in the 10th recital of the directive in Anresoier. This section specifies that the directive does not stand in the way of a Member State which, under EU law, applies the provisions of the directive to aspects outside its scope. Write to the agency that gives your full name and address. It can also help give your credit reference file number. If you have already received money, you must repay it – the lender must give you 30 days to do so. If you have not signed the credit contract, you owe nothing. The company must inform the consumer in due course or, if this is not possible, immediately after the consumer`s effect, of a contract to which the right of withdrawal defined in point 11.1.1 R applies and of a lasting support, of the existence of the right of withdrawal, its duration and the conditions of its exercise, including information on the amount that the consumer can pay. , the consequences of the lack of exercise and practical instructions for exercise, with indication of the address at which the notice of withdrawal should be sent. In response to the second question concerning requests for a preliminary decision, the Court of Justice added that the reference to national legislation, which also refers to other legislative provisions of the Member State, is not considered to be a valid option to inform the consumer of the beginning of the withdrawal period and other conditions of its exercise.

The Court of Justice is aware that the consumer is not required to consider many national provisions in different legal acts, as this does not allow the consumer to determine the extent of his contractual documents or to know whether the contract contains all the information prescribed by law.

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