Third-party hassles: Mobile operators in duty

Sunday, 15.01.17 , written by Anja Schlicht If cell phone users encounter unknown third-party posts in their bill, they may have fallen into an illegal trap while surfing the internet. So far, the mobile operators in such situations rarely help them, rather, they refer to the third-party and still want their money. A now valid judgment of the district court Potsdam strengthens however the position of the

Drittanbieter: Gerichtsurteil stärkt Rechte von Handynutzern

When children play with tablets: third-party blocking makes sense

Some smartphone users know this: A thoughtless or accidental click on a banner on the phone , they are already in an Abofalle tapped. Often they only notice that when looking at the mobile phone bill. Who then complains to the mobile operator, is usually abgewimmelt . Most companies simply point out that customers can turn to the third party for complaints. Nevertheless, they still insist on paying for the unknowingly completed subscription.

Third party: Mobile operators are usually enough for black Peter

From the point of view of the consumer center Hamburg is the widespread procedure of the portable radio offerers to demand the payment, but not to inform customers about the reason and to refer them to the third-party suppliers, misleading. For example, the consumer advocates have sued successfully against the Potsdam district court against E-Plus (Ref .: 2 O 340/14). ” Anyone who collects the money must explain why and can not refer to a third party . E-plus and Co. can not simply pass the buck, “commented Julia Rehberg of the consumer center Hamburg the case in a press release. Since the verdict is now final, mobile customers can refer to it, if they get into dispute with their provider. As long as the company demands payment for third-party services, it remains the first point of contact for customers.

Anyone who has fallen into an abyssal should pay only the legitimate part of the bill, advise the consumer advocates. They recommend against the other invoice items to contradict, preferably by registered letter with acknowledgment of receipt.

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Protection against expensive drops: Set up third-party blocking

In order not to get into trouble with third-party providers, every user should be advised of a third-party blocking system. For this the different consumer centers provide a pattern letter. However, it may make sense to agree with the provider only on a partial block, so that useful services such as the mobile reservation of tickets remain possible. The consumer centers also help with other sample letters, such as to stop the subscription or to reclaim amounts wrongly paid.

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Funding via crowdinvesting offers fewer hurdles than bank loans

Tuesday, 23.01.18 , written by Annabell Meyer Many founders are now relying on crowdfunding to fund their projects. The money of numerous retail investors should help them to successfully develop their business. Such a cash injection is often easier to get than a loan or a private investment,

Start-ups nutzen Crowdinvesting als Finanzspritze

Lawyer Jan-Henning Ahrens (Source: KWAG Rechtsanwälte)

Anyone who dreams of founding their own company or wants to successfully implement long-planned project ideas usually needs good financing . While classic bank loans were the first choice for a long time, many founders now rely on alternatives such as crowdinvesting . Companies receive bonds from several small investors, the so-called crowd, through various platforms.

In return, the entrepreneurs involve the investors in the economic success of their project, so that they get their savings ideally repaid with a high return. Jan-Henning Ahrens, the specialist lawyer for banking and capital market law, explains in an interview with finanzen.de what is important in this form of financing and what both sides should pay attention to.

Mr Ahrens, why are more and more companies using crowdfunding instead of bank loans to finance their projects? For whom is such funding particularly suitable?

Jan-Henning Ahrens: Crowdinvesting is particularly interesting for start-ups who are reluctant to use traditional bank financing for their project or start-up. The reasons are naturally complex. It is important to understand that, unlike, for example, in the USA in Germany, it is very difficult to find investors to finance a new idea or a start-up . In addition, traditional lenders such as banks mirror the risk of lending over a high risk interest rate.

For private investors such as family offices – special forms of organization that deal with the management of private large assets – the hurdles are even higher. The managers of such assets often want double-digit returns at moderate risk.

The crowd is cheaper to get a loan. For companies, it is often easier to convince many small investors with their idea, especially since these – each for themselves – carry a relatively low default risk. If the project or the company fails, the crowd comes to the conclusion of debt repayment, which can also be beneficial for the founders.

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What rights and obligations apply to crowdinvesting?

Jan-Henning Ahrens: The providers of crowdinvesting or issuers as issuers of bonds or securities must comply with the legal requirements arising, for example, from the Investment Act. It regulates which form the offer may have and which persons can invest. Thus, the amount of the investment is limited . Up to 1,000 euros, everything is rather easy, it must be submitted to a self-assessment, which is examined. But more than 10,000 euros will not work then.

In addition, the issuer may not have any corporate influence on the crowdinvesting platform. He may therefore not belong to the management or be connected to the platform under company law.

What risks arise for companies that finance themselves through crowdinvesting? For example, can investors exit the investment if they suddenly want to invest their money differently?

Jan-Henning Ahrens: A general answer is unfortunately not given, as these questions are generally regulated in detail. In most cases, investors will not be able to recover their capital until the contractual conditions have been met. In other words, if everything went smoothly when the bond was issued , the investor would get his capital back if the payment did not jeopardize the continued existence of the financed company . Other rights can only arise if the investor was not informed correctly about the offer.

What distinguishes a reputable provider of crowdinvesting?

Jan-Henning Ahrens: Of course, transparency . Both the company and the investor need to know what the crowdinvesting platform charges them.

How exactly do you support people who finance themselves through crowdinvesting when things go wrong with the investment?

Jan-Henning Ahrens: We are lawyers and therefore mainly responsible for the legal framework. Of course, we are also there when claims against platforms must be asserted or when investors assert claims against the company . Basically, we see ourselves as capital market lawyers, but also on the investor side.

Thank you for the interview, Mr. Ahrens.

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Ship funds as old-age provision are in distress

Sunday, 16.03.14, written by Bernd Lauberg

Ship funds are not suitable for old-age provision. Anyone who recommends them must adhere to it. The Landesgericht Heilbronn comes to this verdict. In general, the outlook for ship fund investors is rather bleak. Hundreds of thousands of German fund owners could lose billions of euros.

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Aktuelles Urteil zur Altersvorsorge durch Schiffsfonds
SOS for pension funds for retirement provision – total loss possible

Is a ship fund suitable for old-age provision? The Landesgericht Heilbronn has also asked this question (Az 6 O 299/13) and answered it with a no. The Volksbank Brackenheim-Güglingen has advised the court according to an investor wrong. The person concerned signed several closed-end funds in 2007 and invested € 450,000 in retirement funds in shipping funds. However, it has been bad for years for the shipping funds. You should not have recommended it for the investment goal of old-age provision. The current verdict makes the Volksbank liable for non-investment-appropriate advice. She has to pay around half a million euros in damages plus the lost interest. The bank is now considering whether it should go into revision and so far does not want to comment on any further details.

Ship funds as old-age provision: money invested long-term but inflexible

Ship funds can be more risky than, for example, open, freely tradable funds. The ship investments belong to the closed funds . Until a year ago, they were part of the so-called gray capital market, which is not subject to state scrutiny. Anyone who invests in ship funds must expect long terms of ten to 20 years. These come about as follows: With the help of funding from the fund, a ship is “leased” to shipping companies. After a few years, the ship should have retracted its value or be written off. Then it is sold with the highest possible proceeds. How long it takes for a ship to “pay off” depends not least on the management of the shipping company and the charter rates of the ship.

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When is which ship fund suitable?

In addition to the capacity utilization of the ship, the type of ship often also determines the fund’s income – be it a container ship, a tanker or a multi-purpose freighter. Before selecting a ship fund, an investor should be aware of which goods could be in demand in the future: oil, grain, components for wind turbines or something else altogether? Ideally, with ship funds a few years ago yields of up to twelve percent were possible. At that time, the global economy showed a high demand for freight. However, ship funds have fallen sharply in recent years as a result of the financial crisis of 2008 and 2009. The investment model threatens since the downfall . Ship funds are certainly not suitable for old-age provision.

Putting old-age provision at stake with the ship fund?

In view of the possible high financial losses of ship funds, the consumer should think carefully whether he even invested in it. In general, closed-end funds are heavily criticized . Above all, their suitability for private investors is strongly doubted because of lack of transparency, bad investment results and sometimes cases of fraud. The Verbraucherzentrale Bundesverband therefore calls for a ban on active distribution to private investors. There is a risk of total loss – generally for closed-end funds and, in particular, for ship funds. As a consequence, ship funds should definitely not be recommended for retirement. There are much safer investments available for retirement provision.

Anyone who has taken out ship funds for pensions can defend themselves

Anyone who has already been wrongly advised about his investment should immediately be informed by a specialist about his options . Simply canceling a contract can lead to even greater financial losses than the poor investment conditions.

As can be seen from the current court ruling, poorly informed consumers can legally defend themselves. Out-of-court settlements are often possible, explains a specialist lawyer in Handelsblatt. In principle, the bank or investment advisor must provide investor and object-oriented advice. Negative press reports must not be kept secret. Advisers must also inform you about possible reimbursements and verify how plausible a recommendation is. The fund provider itself must not be allowed to make a mistake in the sales prospectus, otherwise it could be pursued because of prospectus liability – usually within a period of three years.

Here you will find tips and further information on old-age provision.

 

 

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Is A Poor Credit Rating A Good Thing?

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References:

1. http://www.grcc.edu/financialaidscholarships/studentloans
2. http://PaydaynoW.net/Quick-payday-loans
3. http://www.commdiginews.com/business-2/three-steps-to-fix-your-poor-credit-history-85381/
4. http://www.stltoday.com/business/credit/getting-a-card-with-an-annual-fee-here-s-what/article_9366e592-b80f-5299-8370-303eb09253f8.html

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