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Nevertheless joined the General Equal Treatment Act (AGG) in force, the Age Discrimination in banks on the agenda
The General Equal Treatment Act (AGG), which is colloquially often referred to as "anti-discrimination law", entered the Federal Republic of Germany on 18 August 2006 in force. Clearly prohibits discrimination of all kinds of people, if they focus on people-related features such as disability, ethnic origin, gender, age, race, religion, sexual identity and belief .
One would think that just this in the context of a democratic constitution is a matter of course. Nevertheless, before the entry into force of AGG in the population always violate them, so that the creation of a separate equality law considered necessary. But today, there are institutions which have this law in no way connected to or feel obliged to do. have
banks seen apparently in fairly open space
What the banks and savings banks in the past, all presented to mismanagement, billions in losses, casino mentality and economic failures go, but no cow skin, but to the skin of the honest taxpayer, without excluding further existence of some banks in fact would have been. Instead of diligently to thank for so much generosity on the part of tax-paying citizens, however, a certain clientele is also still discriminated against in shabbiest way. That this is so should be here in the following example of how it is going on in our country, unfortunately, thousands of times, once represented.
to die to fit, for loans to old
Manfred H. now has his 88th Years of age and enjoys a reliable health. He lives in a nice little home in the Holstein Switzerland, which is not loaded financially. Manfred H. himself has not Still owe sonstwede negative entries in Schufa or other business information. He also has a way of example, flawless credit and proof of regular receipt of monthly pension of about 1,800 €.
After the system took care of heating the basement of his family home because of a defect is no longer sufficient for heating his premises, Manfred H. was on a loan of 10,000 €, and reliant, therefore, before speaking at his local bank. This, however, sent him away, refused a formal contract agreement on the entry of a loan and apologized for it literally to the advanced age of their long-standing bank customers.
Translated approach was not so hot about:-During the term of the credit agreement is the probability of death of the borrower greater than the probability of a proper repayment of the loan .- This vague assumption alone that is made for the Sparkasse Holstein compared to the General Equal Treatment Act (AGG) or would even be allowed to violate them?
Such a statement might be entitled to oppose, that the probability should be approximately equal, that tomorrow may be a 18-year-old a fatal traffic accident die or suffer a young family with four children in the flames of their house is. So here are assumed things whose actual probability will not be measured and their speculations are threatening to go through the roof.
forms of discrimination
In our example, the bank customer Manfred H. was both indirectly and directly disadvantaged. Direct discrimination arises under existing law and the fact that customers cent of another person in a similar situation experienced a significantly less favorable treatment. Indirect discrimination is also considered that if these seem neutral rules and policies, procedures or criteria but in any case adversely affect the discriminating customer. That is what happened and is repeated almost daily by many banks and savings banks throughout the Republic.
credit and property no longer count
waive Many banks from the outset to the monitoring customer credit ratings, because age is exceeded for a credit in their opinion already. It is not even a uniform guideline for when pushed from the view of the banks a bank customer on the head be allowed. The evaluation criteria of age at maturity for the award of a loan are largely unknown, strange and even mysterious, as they are in the drafting section located 60 to 75 years of life. Also to blame but are also the so-called payment protection insurers that want to adopt the advanced age of a bank customer until no residual liability insurance in case of death more and press into each retiree the stamp of an invisible expiration date.
Also, online loans are no alternative
After customer and retirees Manfred H. unsuccessfully auditioned at his home savings bank, suggested to him privately to try it but also at other banks via the Internet. Many credit providers that are available online but have usually already incorporated the age limit in their online loan applications with. For example, to make a clicky cohorts as "1921" are not even available, but begin no earlier than the year 1934th For many other banks, which are accessible via the World Wide Web, received the loan seekers at least a quick cancellation. willing
The total or not previously included banks such as blocking the Reference price, Santander, IKANO (banker to the furniture giant IKEA), credit plus, Dresdner-Cetelem Bank GmbH (A brand of Commerzbank), Commerzbank, Credit Europe Bank, SWK, SKG, SEB easy credit, (Volksbank), Sparkasse Holstein, Haspa (Hamburger Sparkasse) and DKB . Nearly all other results led other banks for the loan seekers are not the desired results.
At this point, a single bank accorded respect and thanks, by reason of the credit application to the credit seekers Manfred H. offered even double the borrowing: Postbank.
consumer centers know the problem
The Consumer Organizations already advised those affected to stay at dieserlei age discrimination stubborn and insist on its right in any case, the next higher superior or want to talk to managers. This approach has of course only makes sense if the loan seeker is on the ground in a branch of a credit institution, which excludes the anonymity of the Internet surfing for the moment.
with AGG When the fruit also in the banks?
reject a loan only because of the age is, in respect of the General Act on Equality almost an impossibility, yet it is practiced daily in a democratic state like the Federal Republic of Germany. How many rejected pensioners, which is to be given for their "excessive" age is no more credit must join together ultimately and appeal against such decisions to the General Equal Treatment Act is accepted by the German credit institutions as a general legal basis? We will see it. Hopefully soon.
Julien Germain
Julien Germain
(Original publication: October 25, 2009)
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