Many financial institutions have to pay back fees to customers.
But they don't do that voluntarily.
Consumers can hope for repayment, but they have to take action themselves.
Karlsruhe - Banking transactions have become more and more expensive in recent years - new fees have put additional strain on the wallet.
Good news for bank customers: The Federal Court of Justice recently made a clear ruling that consumers can reclaim part of their fees.
Sparkasse, Postbank and Co: Customers can claim money back
The reason is so-called "fictitious consents".
For many years this was common practice at banks and savings banks.
In the event of changes to the terms and conditions - for example increased or new fees for the current account - the customers were only informed.
They could have objected within a specified period.
Anyone who let this pass was deemed to be in agreement with the banks.
They debited the charges from his account.
Unlawful bank charges: Customers can hope for repayment
The Federal Court of Justice put an end to this practice.
He stated: silence is not consent.
The financial institutions have to pay back the money.
In many cases, these are three-digit sums per customer.
Experts reckon that the banks will have to reimburse fees in the billions because almost all financial institutions are affected by the ruling.
The Federal Financial Supervisory Authority put the damage in the worst case for the banks at up to three billion euros.
Sparkasse, Postbank and Co: Banks have to pay back money - customers have to take action themselves
For the past three years you can assert your claims in any case, says the Federal Association of Consumer Organizations on its website. The financial institutions do not automatically transfer the fees back to the customer account. Consumers should turn to the banks themselves, advises the consumer advice center. Before doing this, they should get an overview of how much money they are actually entitled to. The consumer advice center recommends checking the bank's general terms and conditions for certain clauses. If, for example, it is stated in the terms and conditions that the customer automatically agrees to changes to the contract if an objection is not lodged within two months, this clause is invalid. Should the bank have used one of these to implement a price increase,customers can claim the money back.
Online banking and co: Many fees are not permitted
Personal correspondence with the bank provides information on this.
Those who use online banking often receive information from a mailbox.
The classic mail route could also have been used.
Anyone who can no longer find any documents can apply to the bank for a so-called statement of charges.
The bank must provide one at least once a year - according to the law.
Banks take a stand: the consumer advice center clarifies
Like David Riechmann from the consumer center in the
Süddeutsche Zeitung
reveals, the banks have so far shown little cooperation with customer demands.
"Many institutes reject the repayments," said the legal expert.
"This goes through the entire banking landscape, from savings banks to Volksbanks." Riechmann recommends customers refer to the judgment of the Federal Court of Justice in their letter.
The procedure is simplified with a sample letter that, among other things, the consumer advice center offers on the Internet.
Stiftung Warentest also offers such a letter.
And even if the BGH ruling is explicitly about Postbank's fee model, customers of other banks should not be put off: Most banks have applied the same principle to their fees that Postbank has now been prohibited from doing.
Claims can expire - speed is important
It can be worthwhile to take action quickly, because some claims are statute-barred after three years. Anyone who claims fees that have been overpaid this year can even get back payments from 2018. And what if the banks go wrong? Riechmann recommends consulting the Federal Financial Supervisory Authority - BaFin for short. This could, if many customers get in touch, increase the pressure on banks and savings banks to refund the money.
