Judicial action against negative Credit bureau may be worthwhile. The bank decided last year for the benefit of a consumer whose had reported him on account of an overdraft on the overdraft of Credit bureau’s disbursement credit. The entry had to be revoked.
A lawsuit is especially worthwhile against so-called soft negative features. This includes, among other things, a statement of account that the bank pronounces for non-compliance with the agreed dispositions framework.
Soft negative characteristics may only be reported to the Credit bureau in the opinion of the Higher Regional Court if the interests of all parties involved (including third parties for whom the Credit bureau entry may possibly be of interest) are weighed against each other and this interest has been deducted at the expense of the bank customer. The bank must be able to prove and credibly explain its reasoning.
The court clarified that the behavior of the customer must be decisive for the decision for or against reporting to the Credit bureau. Thus, there should be clear indications that the customer does not want to or can not pay. The fact that the entry was not content to complain, was not sufficient for soft negative features.
Negative Credit bureau lead to significant impairment of the everyday economic life of those affected. With the status of a negative payment history, consumers do not get credit from many banks. Even paying on account can be impossible. Negative entries remain for three additional calendar years after the end of the calendar year of their completion.
Consumers should therefore not accept negative entries in the course of an account statement without complaint and, in particular for soft features, seek legal advice. Irrespective of this, a permanent overdraft of the disposition credit is not recommended, if only because of the high debit interest. The independent FMH estimates the average interest rate for tolerated penalties at nearly 16 percent per annum.
Those who do not come out of their own power out of the bogs should therefore consider a rescheduling before it comes to problems with the account-holding bank. Discomfort can be avoided as well as high interest charges, without a much higher monthly rate would be necessary.