Dispute over account fees: How bank customers can now get their money

Created: 04/28/2022, 09:49 am

By: Lisa Mayerhofer

A year ago, the Federal Court of Justice strengthened the rights of bank customers in the event of increases in account fees, as is the case with many savings banks (symbol image).

© Frank Hoermann/Imago

A year ago, the BGH put a stop to the fee increase practice of many banks.

But many customers are still waiting for the overdue refund.

What customers can do now.

Karlsruhe – Bank customers are angry and consumer advocates are complaining: One year after the Federal Court of Justice (BGH) ruled on bank fees, the implementation of the decision in practice is causing a dispute.

Banks and savings banks, on the other hand, complain about the additional effort.

An overview of the current status of the account fee dispute and the options for consumers.

BGH ruling on account fees: That's what it's all about

On April 27, 2021, the BGH decided that banks must obtain the consent of their customers when changing general terms and conditions.

Financial institutions must therefore subsequently ask for approval of current fees.

In addition, bank customers can reclaim fees that institutions have charged without their explicit consent.

The background: In the past year, banks have increasingly increased account fees without first obtaining the explicit consent of customers.

As a result of the judgment, bank customers can now reclaim the fees for the past three years before the judgment (statute of limitations).

Stiftung Warentest provides consumers with a sample letter that they can use to claim back their previously paid fees.

Dispute over account fees: This is how banks and consumers reacted

However, some financial institutions refuse to repay wrongly charged fees.

At the end of last year, the Federation of German Consumer Organizations (vzbv) therefore filed suit against fee increases by two savings banks.

In both cases, several hundred consumers have joined so far, which is significantly more than the minimum of 50 affected parties required for class action lawsuits.

According to the vzbv, between June 2021 and February 2022 consumer advice centers received at least 3,200 complaints in connection with the BGH judgment.

In another 4,600 cases, consumers sought advice from the experts.

This is the legal situation if bank customers do not agree to the fee increase

Customers now have the option to opt out of fee increases.

However, in this case, according to the current legal opinion, the banks are not only

to terminate the customer relationship, but are even obliged to do so.

Because without approval of the new terms and conditions, the bank may not provide any services for the customer.

According to consumer advocates, it is therefore pointless to take action against a termination.

This is the legal situation when bank customers claim back their fees

However, customers can reclaim previously charged fees.

The legal situation is also different here if customers who are claiming back fees have had their accounts terminated or threatened to do so.

From the point of view of the Baden-Württemberg consumer advice center, this is a "brazen and, in our opinion, illegal attempt" to prevent bank customers from enforcing their rights.

The consumer advice center in Baden-Württemberg alone is suing a total of five credit institutions for various reasons in connection with the implementation of the BGH ruling.

In two cases so far, however, consumer advocates have been rebuffed by the Stuttgart Regional Court (Az. 2 U 34/22)/ (Az.35 O 135/ 21 KfH) and appealed.

According to its own statements, the financial supervisory authority Bafin is also monitoring the implementation of the judgment very closely.

"With institutions that have become conspicuous in connection with the implementation of the judgment," supervisory talks would be held, according to the authority.

As early as last October, the supervisory authority had warned the financial institutions that they should heed the judgment of the Karlsruhe judges, "take all necessary steps immediately and deal fairly with their customers".

Customer requests for reimbursement should be examined promptly and comprehensively, and wrongly charged fees and charges should be reimbursed immediately.

Customers are entitled to claim reimbursement.

"The exercise of this right can therefore not result in an immediate termination of the business relationship."

Dispute over fees: is it worth filing a lawsuit against your own bank?

But what to do if the bank simply does not pay back the fees?

It is questionable whether, as a bank customer affected, it is worth suing in this case: according to

, the value in dispute is around a few hundred euros.

On the other hand, legal and court costs may be incurred.