Settling Unfair Bank Fees: How Far Back Can You Claim?
Application status for the scheme remains unconfirmed by the Commission.
In the past, banks have levied fees that were, at times, unjustified. Following a ruling from the Federal Court of Justice (BGH) four years ago, lots of customers were able to reclaim their money. However, there was a question mark over how long customers could demand a refund. Now, that question has been answered.
The BGH has made it clear that the typical three-year statute of limitations for reclaiming fees starts from the year the claim first arose. It doesn't matter when customers realized the issue with the terms and conditions governing the fees.
Recently, the BGH ruled against a practice by Berlin Sparkasse in their general terms and conditions. The Sparkasse's terms included a 'consent fiction clause', meaning that agreement to a change in account fees was assumed if the customer didn't object within a certain period. These clauses were commonplace among many banks and savings banks. The BGH deemed this practice invalid back in April 2021. According to the judges, changes to a bank's general terms and conditions (GTC) are ineffective if they become effective only because of implied consent.
Reclaiming Your Unjustifiably Paid Fees: How Does It Work?
Previously, it was uncertain how long customers had to make a claim for reimbursement. The consumer center argued that the three-year limitation period should start when customers became aware of the problematic clause – at the earliest with the 2021 ruling.
However, the BGH didn't agree. Awareness of customers about the issue with the consent fiction clause isn't what triggers the limitation period. Since there wasn't any legal uncertainty regarding the validity of these clauses, customers could have filed a lawsuit even before the BGH's 2021 ruling. What matters is when the claims arose.
Sources: ntv.de, awi/dpa
- Federal Court of Justice
- Banks
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In light of the recent rulings by the Federal Court of Justice (BGH), customers can now reclaim unfair bank fees that date back to the year the claim first arose, regardless of when they became aware of the issue. It is important to note that banks, including savings banks, should review their general terms and conditions (GTC) carefully to ensure they are not including invalid 'consent fiction clauses'.
Following the BGH's ruling against Berlin Sparkasse's consent fiction clause, consumers can seek funding for vocational training programs or start their own businesses, as the clarity provided by the recent judgments allows for the continued pursuit of justice in finance-related matters.
