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Banks and Consumers

The Comprehensive Consumer Policy Scheme of the German Private Commercial Banks

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BANKS AND CONSUMERS<br />

transparency for borrowers, customers are<br />

given pre-contractual information about<br />

the loan they wish to take out before an<br />

actual agreement is signed. In practice, this<br />

means the bank provides the customer with<br />

information about the type of credit, the<br />

associated costs <strong>and</strong> other important features<br />

of the loan. This information is presented in<br />

tabular form, as required by law.<br />

The tables used are st<strong>and</strong>ardised<br />

throughout Europe but vary depending on<br />

whether an instalment loan, an overdraft<br />

facility or a mortgage credit is involved. This<br />

allows the special features of all types of<br />

credit to be accommodated.<br />

<strong>Banks</strong> now also have to fulfil more<br />

extensive information requirements when<br />

the agreement itself is concluded, thus<br />

providing customers with a further basis for<br />

making their decisions. The loan agreement<br />

has to contain additional information on<br />

matters such as the responsible supervisory<br />

authority, the relevant Ombudsman Scheme<br />

or details of any loan broker involved. These<br />

additional requirements also make contracts<br />

lengthier than before, however.<br />

If customers wish to know more about<br />

certain aspects of a loan agreement, they<br />

should contact their adviser direct. Bank<br />

advisers will in future be expressly required<br />

by law to provide borrowers with adequate<br />

explanations before a loan contract is<br />

signed so that they are in a better position<br />

to judge whether the agreement really<br />

matches their objectives <strong>and</strong> financial<br />

circumstances.<br />

If a bank advertises a specific rate of<br />

interest, the advertisement must indicate<br />

– possibly by providing an illustrative<br />

example – the interest rate which will apply to<br />

the majority of loan agreements it concludes.<br />

This is to avoid misunderst<strong>and</strong>ings which<br />

might arise if, for instance, the interest rate<br />

mentioned in an advertisement was offered<br />

only to consumers with a certain credit<br />

st<strong>and</strong>ing.<br />

48

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