Loan and Customer Rights With Processing Fees
Banks don’t always act in the interests of consumers. In theory, a six-digit number of consumers could claim fees that were illegally paid back. In principle, these processing fees have not been permitted since 2011.
Many banks initially reject customers’ claims in writing, but that’s no reason to resign. Now you can contact the so-called ombudsman of the banks and savings banks associations. As soon as the letter arrives there, the limitation period is suspended; the borrowers do not have to pay financially for the arbitration process.
Limitation periods must be taken into account
It is important to reclaim the loan processing fee as soon as possible. If a loan was taken out between 2005 and 2011, the entitlements had already expired by the end of 2014. If the loan is more recent, the room for maneuver is considerably greater and there is even an interest claim for the consumer.
The basis for the claiming of processing fees when concluding a loan contract is the credit check for the banks, but the Federal Court of Justice has decided that this workload must not be calculated. Many banks resisted the court order for a long time, but they definitely have to give in in the case of loans that are not older than 10 years old.
The fees can be recovered using sample forms
Many borrowers ask themselves how they can actually reclaim the illegally paid fees. First of all, it is important to study the loan agreement carefully, here you have to look for the relevant clauses. If the contracts are no longer available, you can request a reprint from the bank. Shipping is free at some banks, while others charge a small fee for this service, but the amount is manageable and it is definitely worth the effort given the prospect of a refund.
If a processing fee is indeed mentioned in the contract, you can find sample letters to print out on the Internet, which you can then fill out and send to the bank. The current legal situation is already taken into account in these sample forms.
If you write a letter yourself, it could be very difficult for laypersons. In any case, the claims must be formulated as precisely as possible, so that processing usually does not take as long. Interest claims are already regulated by the German Civil Code (BGB), so these should be calculated in advance.