Around two month ago I have found a nice used car from the small dealer.
We have applied for a loan and got an approval.
In the meantime my life situation has changed and I have changed my mind towards something less sporty and more practical.
As well other dealers did not ask for a 10% downpayment, only monthly installments.

I have called the dealer, asked for excuse, lost time, and inconvenience.
He has talked ok, but now he refuses to make a call and withdraw the credit inqiery. Just replies in WhatsApp- he is not in the country, or-do it your self, which is not possible.
This credit data is stored in ZEK until 06.2021
The Bank and ZEK refuses to delete this credit inquiry only from my call.
So I am blocked from buying any other car with a loan so far.

How can I protect my rights in this case?

Kind Regard,

Denis

A credit enquiry is just an enquiry, however if you make several it looks like there was a problem. I doubt they can remove an enquiry.

fatmanfilms is into something, asking for a loan is a record by itself on the ZEK database.

It doesn't matter if the loan application was approved or rejected, if you apply too many times, some lenders may consider it risky behavior. In your case, it seems applying 1 time was the the limit. Found the explanation in Frech, use internet translation

https://www.credit-conseil.ch/blog/r...emande-credit/

Also relevant, how did you find out that you're blocked? from trying to buy another car with a loan from another seller? That rejection is also probably now on the ZEK database.

Maby ive explained wrong, it works like this, ill write down an algotithm

1. A car dealer applies for a loan for you(leasing) to some bank, like Cembra for instance.
2. You recieve appoval and you are in ZEK register for a month or even a year, that you dont take another few loans at the same time.
3. Here if you change your mind and inform the dealer, he notifies the bank(cembra) and the bank notifies ZEK, that the client rejected the loan.
4.You go to step one with another dealer/bank and if they see immedietly your ZEK register and ask to delete the previous credit data.

Usually the dealer just makes a call and informs about the cancelled deal. I went through it before.

But exactly this dealer is pissed and does not want to do it.
In ZEK everything looks like im still going to buy his car.
And the deal will look open untill 06.2021 as he had not informed the bank about the cancellation.

Is there any buyers right protection or?
Thanks so much in advance, i really need to by a car for my job.

Maybe you should be more precise. What is the ZEK entry?
"Offenes Kreditgesuch", "Abgelehntes Kreditgesuch/Verzicht auf Auszahlung" or something else?

It is Kreditgesuch, and is stated as „status-offen“ untll 27.06.2021

Ive cancelled other credit before and the status is yet „abgelehnt“- the banks were ok with that, but not with the open one

Could anyone give a hint , because I need a car to get to work 60 km away in a village. As well the growing Covid danger in public transport as i work closely with elderly people.

1.Is there any specificgovernmental buyers protection program where I can write a comply.

2. Is there a cheaper loyers or assistance service for such situations lower than 300CHF per hour?


Kind Regards

Denis

Have you spoken to ZEK and asked if there is anything they can do?

I don’t know if the police would actually be interested, but you could always tell the dealer that if he doesn’t remove your details, the police have said they will pay him a visit.... see if he changes his mind.

1) no
2) no

Why not buy a car from the garage that arranged credit?

Surely if the loan was going to be financed through Cembra, you could write to Cembra and ask them to cancel it?

And ask for the terms of cancellation - you have a right to cancel a contract as long as you follow the rules, another party can't just ignore you (well actually they can, but that counts as acceptance of the cancellation after a reasonable period).

The dealer would know the police aren't interested and just ignore the bluff!!

Yes, they have said that the one who submitted my data(dealer) should remove it

I feel that he would not believe it, maybe I schould send him a letter with einschreiben.

I thought so, that there is no normal way out.

This is a small dealer, he hass maybe 12 cars and they dont fit me with price or something else.

It was by BMW financialservices, as it is an old bmw, i have called them and they have pointed to the dealer

He is pissed that have spent one hour on me, submitted my documents and I have not bought that car.
He also made a one year period in ZEK register , while normally they make 1 month or so.

That is a good idea, but I dont have a contract on my hands, he is ignoring me or answering:
I am abroad
Lets meet on Sunday
Do it your self, etc.

I would really probably pay the loyer, it becomes not funny anymore.

Send him a registered letter giving him 2 weeks to act after which you will pass matters on to your legal insurance.

And get legal insurance for next time.

My point was that the ZEK register entry does not come from the dealer, it comes from the lender.

You surely have the right to close the offer, they can't keep it open if you state that you don't want it. Then the ZEK entry would just be a credit check and not an open credit offer.

There must be contact details and some sort of reference on the credit agreement you signed.