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Also paid too much account fee? Get your money back now

2021-09-29T15:47:14.257Z


According to the Federal Court of Justice, higher fees for the account are not legal without the consent of the customer. Anyone who wants wrongly paid money back must actively report the claim.


According to the Federal Court of Justice, higher fees for the account are not legal without the consent of the customer.

Anyone who wants wrongly paid money back must actively report the claim.

According to the Federal Court of Justice (BGH), the banks' current practice of increasing fees is illegal.

The German Press Agency reported on this (dpa, as of June 2).

According to the judges, changes in the general terms and conditions of a bank are ineffective if they only come into effect on the basis of tacit approval (Ref .: XI ZR 26/20).

So far it has been common practice at many financial institutions: banks and savings banks inform their customers at least two months in advance if they change their prices or terms and conditions.

If the customers did not object, the change was deemed to have been agreed.

This is now different after the new BGH ruling, as dpa describes.

The customer must

actively say yes to the fee increase

.

If changes to the terms and conditions come into effect in the event of silence, he will be unreasonably disadvantaged.

That in turn would mean that the fee increases of the past few years are ineffective.

Customers could possibly demand this money back from their bank or savings bank, as the consumer advice centers explain.

Also read

: Free current account - don't fall into this trap.

Register claims in writing

It is important that the

customer takes action himself

if he wants wrongly paid money back.

However, it's not always that simple.

Fortunately, there are a few specific helpings: Claims should always be made in

writing,

according to the report.

In principle, anyone can do that themselves. Both the Stiftung Warentest and the consumer

advice centers have

provided

a

sample letter

on their website

.

According to the experts, according to the dpa, the letter should be sent as a registered letter with acknowledgment of receipt as proof.

If you are unsure, you can ask a lawyer if in doubt.

However, you should inform yourself well about the costs beforehand.

Also read

:

It is

better to check bank statements immediately - experts warn of frequent scams.

Claims become statute-barred after three years

Consumers really do not have to hurry to assert their claims: According to the case law of the BGH, they only expire with knowledge of the judgment (Ref .: XI ZR 348/13 and XI ZR 17/14), writes the news agency.

The statute of limitations does not come into effect until the end of 2024.

What is important in the exam? The price list that was effective when the account was opened is decisive, according to the dpa report. According to legal experts, fees that were introduced or increased later would have to be repaid. However, this

usually does not

go back

any length of time

, but according to Stiftung Warentest 

by January 1, 2018

. How much money can be claimed back must be calculated. “In any case, you can assert claims for repayment for the last three years,” it says in the message on Konsumentzentrale.de from June 2nd. "That means: You can still assert claims up to and including December 31, 2021 up to and including 2018."

You can also read:

Savers, beware: You should be aware of this immediately in the event of negative interest rates.

The consumer advice centers give an example in the communication on their website:

“You opened a fee-free account in 2015.

As of May 2017, your account fees have been increased to € 5.

In February 2020, the bank then increased the fees again to € 10.

In this case, you can 

claim back

at least 

the fees that were charged from January 1st, 2018:

January 01, 2018 - January 31, 2020 = 

25 months * € 5 = € 125


February 01, 2020 to May 30, 2021 (or current date) = 

16 months * € 10 = € 160

You can claim back at least € 285.

 If a ten-year period applies, you can reclaim the entire fee - even from before 2018. "

The experts from Stiftung Warentest explain further information and details here.

The consumer advice centers also provide an “interactive sample letter” here.

Another note from the experts: If the financial institution rejects the request, consumers should not give up immediately: Both the private banks, the Volksbanken and the savings banks have - as the dpa report on the topic also says -

arbitration boards

to which they can contact Consumers could turn to disputes.

(

ahu) * Merkur.de is an offer from IPPEN.MEDIA.

Also interesting:

Submission deadline for the tax return: When the late surcharge is due.

These seven tips will save you a lot of money in everyday life

These seven tips will save you a lot of money in everyday life

List of rubric lists: © Jens Kalaene

Source: merkur

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