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Reviews BGH: VW must reimburse diesel plaintiffs Financing costs

20:15  13 april  2021
20:15  13 april  2021 Source:   tagesspiegel.de

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The compensation claims of diesel owners in the exhaust scandal against VW also include the additional costs for installment financing of the car.

Die Schadenersatz-Ansprüche von Diesel-Besitzern im Abgasskandal gegen VW umfassen auch die zusätzlichen Kosten für eine Ratenfinanzierung des Autos, entschied der Bundesgerichtshof. © Patrick Pleul / ZB / DPA The compensation claims of diesel owners in the exhaust scandal against VW also include the additional costs for installment financing of the car, decided by the Federal Court.

concerned are basically to be placed as if they had never bought the vehicle, the Federal Court of Justice (BGH) in Karlsruhe ruled on Tuesday. The conclude that you would never have financed the purchase with a loan of VW Bank. Volkswagen must therefore reimburse the financing costs in full in this constellation in this constellation. (Az. VI ZR 274/20)

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According to VW, the judgment affects a four-digit number of procedures. It deals with an average of 2000 euros.

The Supreme Civil Presters of the BGH had decided almost a year ago that the Wolfsburg car maker has systematically deceived his customers with the EA189 scandal engine: they would have known that the diesel cars had much more pollutants than measurable on the test bench, they would have probably. decided for another vehicle. In most cases, applicants therefore have the right to return their car. But you do not get the complete money again, but you have to calculate the use. VW has since been agreed with tens of thousands of customers on a comparison.

in the case that has now been decided was still open, which is with the financing costs. The applicant had set about 3275 euros in loan interest and a credit insurance. According to BGH, VW has to reimburse this money without deductions. The woman was not an advantage by financing that should be considered. The judges thus confirmed a judgment of the Higher Regional Court Cologne.

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The law firm Builder Rosing, which has led to the procedure according to own information, stated that the judgment is "for claims for damages in funded vehicles of enormous meaning". By contrast,

VW spoke of a special constellation: "The verdict can not be transferred to all funded vehicle purchases." The "allermagen customers", which would have financed their vehicle through the consolidated banks, would have agreed a securitized right of return. This means that at the due date of the final rate, the car can be returned to the dealer at an initially fixed price. For this, the BGH did not judge. VW assumes that in this constellation, the customer had no damage had arisen.

The ADAC sees consumer rights strengthened: "Financing costs are part of the total cost and must therefore be carried out," said Markus Schäpe, Head of the Legal Center.

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