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Negative account balance [merged repayment of SEN overdraft thread]

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Old Sep 28, 2007, 11:40 am
  #46  
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Originally Posted by tcswede
I would really wonder if in any other situation in life where they borrow / overdraw - the same posters would feel no obligation.
Actually, I've met a few of those. Dealing with them turned out to be rather unpleasant and unsatisfactory.
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Old Sep 28, 2007, 11:49 am
  #47  
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Originally Posted by Grog
What do German laws say about disclosure of the contract? Or after-the-fact changes to loan conditions? Or loans to underaged children? Even if your parallel to a money loan were valid, which I don't at all think it is, the situation is wrought with legal problems. But please continue to repeat the same information over and over and over again. Maybe more people will finally start to subliminally dream them and eventually embrace them.
This is not really fun any longer. You (not personally) got something as an overdraft which is a loan and all kind of evasive arguments are used not to repay the loan. And the only argument I read is "I do not believe this to be right" or "They screwed me".

For my argument I do not need a parallel to a money loan, a loan under German law does not need to involve money: If you "borrow" an egg from your neighbor it is a loan in the legal sense of the word and you certainly intend (and need) to give an egg back.

And there certainly were not changes to loan conditions: You got x miles and always had to give x miles back. Cash value of the miles always remained the same. There were certain changes in the earning conditions for miles: When you took the loan you were not aware of T-Mobile promotions, Die Welt promotions or Activest promotions. However, you could earn more miles when flying. So what? If you take a loan from your bank, you can never be sure that the value of money will be the same the day you have to pay it back. Earning conditions changed, to the good and the bad.

And your further question:

If their case is clear-cut, why would it cost them a lot for the game, as you call it?
Easy: Legal costs are reimbursed on the basis of statutory fees. Talking about a 1000 Euro claim you might get reimbursed 100 Euro legal fees. And you would not even find a lawyer from the suburbs to file a claim and go to court for 100 Euro. If they need to chase after 500 members, they need 500 law suits in the small claims court all over Germany. Don't know how many in other countries, in particular the UK. They would use one law (big) firm, because coordinating several law firm would increase the internal costs dramatically. Let every case only require 10 hours incl. briefs, travel to a hearing, the hearing itself. Minimum rate 250 Euro per hour. 2500 Euro per case. 1250000 Euro lawyers' fees. And getting reimbursed 50000. No thanks. This would consume any benefit, give bad press and destroy costumer relations.
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Old Sep 28, 2007, 11:55 am
  #48  
 
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Thumbs down Could not agree more

Originally Posted by SleepOverGreenland
How pathetic must people be, who rent something and don't pay it back. Even worse looking for arguments in order to blame the owner of the rented matter.
If I get something, I must pay it back. And if the owner gives me 3 years, I have to be very happy about the time.
You took the advantage, so now pay for it.
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Old Sep 28, 2007, 12:12 pm
  #49  
 
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Originally Posted by flysurfer
Actually, I've met a few of those. Dealing with them turned out to be rather unpleasant and unsatisfactory.
I guess the result in the dealings neither surprises you or me - what is surprising though is the number of posters who beg to differ - and that is surely not a pleaseant surprise...

Cheers

Thomas
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Old Sep 28, 2007, 12:38 pm
  #50  
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Originally Posted by Peter_D
In my opinion LH is trying to ripp off people. They have offered an overdraft. First I expect anyone to pay it back. But: LH changed the mileage earning conditions. So for some flights you get now 125 miles instead of 1.000 miles. Or in cheap economy longhaul flights only 50% or even less. Why should a customer pay back more then he expected before??? Lufthansa changed the condiditons and now they have to accept the fact, that some clients will not accept LHs behaviour.

Also, I would like to point out § 2.5 in their terms and conditions:

2.5. Mileage expiry

Any mileage not redeemed within 36 months of the date of accrual (date
of flight, start of hotel stay, time of car rental) expires at the end
of the following quarter, failing other arrangements published in the
Miles & More communication media.
Attention will be drawn in good time to the date and extent of the
lapsed mileage in the Miles & More account information or in the
personal Internet mileage account.

If the mileage expires, also a negative balance must expire. So just wait and see. 36 month after loosing status any balance will be zeroed according to their own rules.
That is flawed interpretation. Anyone with an overdraft has already redeemed the miles. The expiry is for miles NOT redeemed.
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Old Sep 28, 2007, 12:46 pm
  #51  
 
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How pathetic can some people possibly be ? You loaned miles from LH, so you have to pay the money back or earn miles to deduct your loan. End of Story.
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Old Sep 28, 2007, 1:58 pm
  #52  
 
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Originally Posted by Flying Lawyer
This is not really fun any longer. You (not personally) got something as an overdraft which is a loan and all kind of evasive arguments are used not to repay the loan.
You quoted me and answered none of the questions in the quote. Lufthansa invented the payback terms after-the-fact and arbitrarily set a value to the miles. I was steadily paying back when they notified me of THEIR terms. I managed to pay back in full and then some. Nothing evasive, just in search of fairness. Not fun any longer? It never really was.

I've already said myself that this subject has been slashed to death and still we get a re-re-peat of personal philosophies. I'll gladly shut up when we all do.
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Old Sep 28, 2007, 2:09 pm
  #53  
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Originally Posted by Grog
You quoted me and answered none of the questions in the quote. Lufthansa invented the payback terms after-the-fact and arbitrarily set a value to the miles.
You refrain from reading the answers you do not want to read and I repeat it a very last time in particular for you:
  • A loan has to be repaid according to statutory German law. There was nothing in the terms and conditions that this loan had not to be paid back. So the repay clause was not an "invention" but a result of statutory German law governing to relationship as such.
  • The value of the miles was always knwon because M&M always sold miles to consumers. If you took an overdraft of 10k miles you always knew what you had to pay if you had to buy the miles to redeposit them
Your other questions are not relevant: If the loan was given to a minor, the loan contract is not valid. So what? Are you a minor? And as to your other questions my poor command of English does not really lead me to what you want to express. Certainly there were no changes in the conditions of the loan contract. As long as the T&C were silent, statutory German law applies and LH's offer of today is certain superior from a consumers perspective as German law. And what to you want to express with "disclosure of the contract"? If you take a loan and there are no further agreements, German law applies. There is no need to educate you on the law.

But rest assured: I will never ever borrow YOU anything. The risk of enterering intoi a discussion that I gave it to you as a present is evident.

Last edited by Flying Lawyer; Sep 28, 2007 at 2:17 pm
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Old Sep 28, 2007, 2:36 pm
  #54  
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Originally Posted by Flying Lawyer
... I will never ever borrow YOU anything. ..
I think you mean lend .
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Old Sep 28, 2007, 2:45 pm
  #55  
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Originally Posted by Rambuster
I think you mean lend .


Agreed
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Old Sep 28, 2007, 3:10 pm
  #56  
 
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Originally Posted by SleepOverGreenland
How pathetic must people be, who rent something and don't pay it back.
Originally Posted by SleepOverGreenland
Sad, what narrow minded people are around.
Originally Posted by tcswede
...what is surprising though is the number of posters who beg to differ
Originally Posted by cdsen
How pathetic can some people possibly be ?
Bomb 'em!
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Old Sep 28, 2007, 3:26 pm
  #57  
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Originally Posted by andre1970
Bomb 'em!
You are too generous!

Nuke 'em!
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Old Sep 28, 2007, 3:37 pm
  #58  
 
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Originally Posted by flysurfer
You are too generous!
My suggestion for saving every situation: Filling the mileage-accounts by circling some money from one bank-account to the other with the Visa-card...



Quick, a coffee...
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Old Sep 28, 2007, 4:27 pm
  #59  
 
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Originally Posted by flysurfer
Nuke 'em!
"I couldn't agree more! ^"

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Old Sep 28, 2007, 4:41 pm
  #60  
 
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Originally Posted by andre1970
Bomb 'em!
Too easy - just borrow something from them - and then don't return it to them.....

Cheers

Thomas
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