Inadequate recovery: Why still benefit banks

Inadequate recovery: Why still benefit banks

The rights of bank customers come into focus again after the Federal Court of Justice (BGH) has made a decisive judgment on inadmissible account fees. According to the provisions, banks and savings banks may only increase their account fees according to customers. This represents a clear strengthening of consumer rights, in particular since the decision from 2021, which declared the consent fiction clauses in the general terms and conditions (GTC) inadmissible. These clauses made it possible to assume that customers' approval was granted in the event of a non -reaction. A current survey shows that only 11 percent of the bank -damaged consumers have actually tried to reclaim their money despite a potential claim of at least 40 percent of those affected who paid higher fees during the period before the judgment, according to bnn.de .

Overall, Verivox estimated that in the summer of 2021 82 percent of those surveyed would request their fees paid, provided they were entitled to this. However, the figures show that more than 80 percent of the informed customers did not apply for repayments. The most common reasons for this were the feeling of not being claimed (34 percent), the assessment that the effort is too great (23 percent) and uncertainties about whether the judgment applies to them personally (21 percent).

unclear limitation periods

Another topic that concerns consumers is the limitation periods for the reclaims. According to the consumer advice center, bank customers who want to claim their fees must expect that the money claimed has only been legally secured in the past three years, while some banks could try to refuse reimbursement claims for up to seven years. The legal situation is inconsistent: While the consumer center postulates a statute of limitations of more than ten years, the district court of Trier provides approval of the ten -year limitation period, and the Berlin Chamber of Commerce speaks of a three -year limitation period.

The BGH judgment of November 2024 explicitly treats this reimbursement claims and could offer important clarification on the repayment claims. The confusion about the limitation period could lead to financial losses for consumers who do not react in time. An attentive look at the topics related to fees and their recovery is therefore essential, since many citizens could possibly get more money than they think.

Current developments

The BGH is currently negotiating a lawsuit for the repayment of fees that were charged by the Berlin Sparkasse and are based on an approval fiction clause. It is unclear whether a judgment will be made this Tuesday. At the same time, it is expected that the banks have to formulate their requirements with regard to increasing account fees to their customers more clearly in order to prevent legal disputes. This could also have an impact on service quality in banking, since higher transparency is required.

The situation described illustrates the need for consumers to inform themselves about their rights in the financial sector and to pursue current developments carefully. An unexpectedly large part of the customers could not only benefit from the repayment of illegally raised fees, but also play a more active role in the design of their banking transactions, which could ultimately benefit them. According to Tagesspiegel are extremely important, because they are not only influenced by individual decisions, but can also also change the entire industry.