According to the latest judgments by the Federal Court of Justice, banks are obliged to repay wrongly calculated loan fees from the past ten years. Due to the expected high demands, some banks refuse to reimburse with creative explanations.
Statutory regulations and judgments on the admissibility. Some banks promptly respond to your letter with the request for repayment but regret to have to inform you that the current judgments do not apply to your case.
As evidence of their allegations, banks list individual, out-of-context legal information as well as judgments that have been annulled by the judgment of the Federal Court of Justice as the highest instance.
Credit fee is not a general terms and conditions
Some banks point out that the judgment of the Federal Court of Justice of May 13, 2014, only refers to terms and conditions. Despite the listing in the credit agreement, the processing fee is not an individual contractual regulation, because it is part of the price display of the banks and therefore generally for all credit agreements.
The reason for the judgment in the BGH judgment of 13 May 2014 is accordingly.
Reference to court rulings
Banks particularly frequently refer to earlier judgments declaring credit fees admissible. These are outdated as the highest instance by the current BGH judgment. Some judgments do not concern Anna Christie, but building society contracts. The banks cite the following judgments in particular:
- Berlin Regional Court of February 23, 2010
- Düsseldorf District Court of August 28, 2012
- Stuttgart District Court from May 24, 2012, July 24, 2012, September 18, 2012, October 4, 2012, October 16, 2012, October 18, 2012, and November 29, 2012
- Stuttgart District Court from May 10, 2012
- Higher Regional Court Celle from 02.02.2010
- Hanover District Court of January 21, 2013
The processing fee is a service for the customer
The Düsseldorf Higher Regional Court made a decision in this sense by the judgment of October 14, 2013. This judgment has substantive and formal shortcomings and is outdated by the current BGH judgment.
Cost of capital transfer
As soon as a fee is referred to as a processing fee or processing fee, it must be assumed that it is incurred for processing the loan and not for the provision of capital. The addition does not change the fact that the processing fee for the transfer of capital is incurred.
This is how you react correctly
If your bank rejects the application with one of these reasons, point out that this is not the case for you, and set a payment deadline for the bank. After the deadline has expired to no avail, you should contact the responsible bank ombudsman or a lawyer. Also, read the following articles on the subject.