In our last press release to the media, we reported on a dispute between investors and Munich-based H-Bank.
As is well known, investors feel they have been overcharged because they paid unrealistically high prices for the properties they acquired. The bank refused to recognise a clause requested by the customers in the intended adjustment of conditions, according to which the customers’ claims for damages against the bank would continue to exist irrespective of the adjustment of conditions. In the meantime, negotiations have taken place between the lawyer Fiala, Munich, the VfE and the H-Bank. The “preliminary” result of these negotiations is, in our opinion, satisfactory for the parties concerned, provided that the agreements are also honoured.
Below we print excerpts of the main passages of the agreement as they were transmitted by the legal department of H-Bank to RA Fiala and VfE:
… we offer … to conclude an agreement on the adjustment of conditions and confirm in this context as follows:
On behalf of your clients, you are currently reviewing the validity of the loan agreements with our bank. We are convinced that effective loan agreements were concluded in all cases. In the interest of your clients, however, we give you the opportunity to review the contracts and hereby expressly declare that no forfeiture of rights and no confirmation of void contracts can occur as a result of the pending adjustment of conditions and that the recovery of payments made on the loan agreement is not excluded pursuant to § 814 BGB.
Due to the currently favourable interest rates, agreements on the adjustment of conditions should be reached as soon as possible. For this purpose, your … Clients by the same mail new offers to conclude an agreement on adjustment of conditions, which can be accepted within the period specified therein. We have expressly reiterated our above confirmation to your clients.
In addition, we once again expressly offer our customers concession, benevolent examination of the individual case and assistance – especially in cases of economic hardship.
Whether and how help can be provided depends largely on the individual case and on the disclosure of the current income and asset situation.
by Dr. Johannes Fiala
