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by Stefan Rullktter, Euro am Sonntag
The Federal Court of Justice (BGH) has ruled earlier that buyers of a “cheat diesel” can in many cases return their car. When reimbursing the purchase price, however, you have to deduct the use of the car. The judges have now made it clear in a new ruling that those affected can also claim back financing costs when buying on credit. How many drivers benefit from it?
Euro on Sunday: In the case that has now been decided, the BGH had ruled on the car purchase by a woman from North Rhine-Westphalia. She bought a used VW Golf in 2013 and financed it largely through a loan from the Volkswagen Bank. She paid a total of around 3,000 euros for interest and loan default insurance. The judges confirmed that in addition to the purchase price minus a discount for the use of the vehicle, the financing costs were also to be reimbursed: If the plaintiff had not bought the car, she would not have financed the purchase price with a loan. The woman did not benefit from the financing (Az. VI ZR 274/20).
How many drivers could benefit from the decision is a matter of dispute. “The ruling can be of enormous importance across manufacturers for hundreds of thousands of consumers with financed vehicles,” says attorney Claus Goldenstein, whose law firm was involved in the first BGH damages ruling on the emissions scandal.
VW, on the other hand, sees a special constellation here: The judgment only affects a four-digit number of proceedings and is not applicable to all financed purchases. Most of the customers who financed cars through the VW Bank would have a documented right of return and could return them to the dealer at an agreed price when the final installment is due. Therefore, they do not suffer any harm in these cases.
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