Claim Back Your Money: Does It Really Matter How Informed You Are About Unlawful Bank Fees?
Commission hasn't received any details about the implementation of the plan.
Navigating the web of bank fees can be tricky for many of us. After all, who reads the fine print? Well, it appears the Federal Court of Justice (BGH) has got your back! In a recent ruling, they clarified the timeframe during which you can reclaim unlawfully charged account fees.
For years, banks and savings banks across Germany have been charging sometimes unlawful fees. Following a BGH ruling in 2018, customers have had the opportunity to recoup their money. But there was one looming question: How long do you actually have?
The BGH's recent clarification should bring some much-needed relief. According to the Eleventh Civil Senate in Karlsruhe, the regular statute of limitations of three years applies from the end of the year in which the claim arose. It doesn't matter when you found out about the invalidity of the corresponding clauses.
Case in point, the Berlin Sparkasse's general terms and conditions contained a so-called consent fiction clause. This dodgy little provision implied that customers consented to a change in account fees if they failed to object within a certain period. Regrettably, these clauses were widespread among banks and savings banks. The BGH nixed this practice back in April 2021, deeming such clauses ineffective because they only became effective due to implied consent.
Now, let's get down to brass tacks. Despite the consumer centre's expectation that the statute of limitations would only start once customers learned of the void consent fiction clause - starting with the 2021 BGH ruling - the court didn't see it that way. The court determined that knowledge of consumers about the invalidity of the consent fiction clause is not a precondition for starting the statute of limitations. Since there was no ambiguity regarding the effectiveness of these clauses, customers could have filed a lawsuit even prior to the landmark BGH ruling in 2021. The key factor here is when the claims arose.
So, let's keep our eyes peeled and ears open for questionable fees. If you spot any, don't hesitate to contest them, but remember, you've got three years from the point your claim arose to do so!
- Bank Fees
- Consumer Protection
- Judgments
- Savings Banks
- Banks
- Consumer Centres
- Legal Questions
In light of the clarification from the Federal Court of Justice (BGH), any unlawful fees charged by banks and savings banks in Germany can be contested within three years from the year in which the claim arose. It's important to remain vigilant against questionable fees and promptly contest them to ensure consumer protection.
