Repossession European Commission Guidance.

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Repossession European Commission Guidance.

 

It has been stated that reposession proceedings should be halted until the end of the ongoing investigation into the leaseback schemes. Here is the guidance given to those facing immenent repsession proceedings.

See below from the EC:

 

 

I would advise this owner who is soon due in court in France to stress in front of the French judge: 

 

1) that he was misled, in breach of the Unfair Commercial Practices Directive 2005/29/EC, into concluding a transaction he would have not concluded, had he been provided with all relevant material information regarding his real estate purchase; 

 

2) that he hence asks the judge to assess the fairness of the standard contract terms of his contract, in light of the criteria laid down by the Unfair Contract Terms Directive 93/13/EEC, and taking due account of CJEU case-law, in particular in cases C-453/10 Perenicova and Perenic and C-415/11 Aziz. 

 

The FR judge could, if he has sufficient factual evidence available to himself and of course also in light of the specific restitution claims the owner will make, come to the conclusion that the whole contract or at least part of it should be declared void - he could also grant the harmed consumer a right for the damages suffered.

 

 

 

Veronica Manfredi

Head of Unit JUST/E.2

Consumer and Marketing Law

DG Justice and Consumers

European Commission 

 

Clare, 

Would you please be able to tell where I can find the official statements regarding this because it could be very useful for the future. I would also like to send this to the lawyers I know and which are dealing with this kind of cases as they are not using this so far. 

 

Regards, 

 

Eddy

Hello Eddy,

 

This is the email I was sent directly after I submitted a complaint and asked for an update on the proceedings. I have been told that the investigation was due to finalise this year but due to COVID19 it has been put on hold.

Regards,

 

Clare

 

 

 

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