Lawsuit for credit processing fees
The decision resulted from a wave of hundreds of borrowers who had gone to court to reclaim the loan processing fees. After the pronouncement of the basic judgment, the complaint could now extend even further. In the years 2005 to 2013 processing fees amounting to up to 3.5 percent of the loan amount were quite common.
The banks kept the money immediately when the loan was disbursed instead of including it in interest over the entire term. A disadvantage of a loan with a processing fee is z. For example, in the event of early repayment, the loan processing fees will not be refunded.
What triggered the legal pressure on the banks?
Over the years, few have wondered about these business practices until the protection community for bank clients came on the scene. It considered the fees ineffective and many banks were warned, but most refused to waive the processing fees.
In many cases, the association went to court and achieved many successes. Banks and savings banks were advised to omit. Thanks to these injunctions more and more customers demanded the reimbursement of the credit fees. Many banks refused anyway and continued to collect credit processing fees until 2013. The victims were encouraged by consumer advocates to take action against the bank. While many a lawyer shied away, other lawyers went on the offensive.
Clear message from Government judges – what can customers demand now?
Initially, the Government Court of Justice was excluded as the highest civil court in Germany. Local and regional courts meanwhile condemned many banks nationwide to reimbursement of credit fees.
Now, judgments have been confirmed by the Government Supreme Court that the loan processing fees would disadvantage consumers. It was not acceptable for bank customers to pay such fees. The agreement of such processing fees is therefore ineffective as a business condition, which is why the bank must pay back the paid money.
Reclaim loan fees
Customers who have paid loan fees may request a refund. At least this applies to disbursed loans from January 2012, because the receivables are certainly not yet time-barred. In addition, reimbursement claims could also be enforced for older loans.
The Government Court of Justice will decide on the question of the statute of limitations of such claims within the next few months. It is recommended that those affected claim their claims directly as a precaution.