Sparkasse customers have to pay fees for many services. But not everything is allowed. And so a court has now decided: Customers have paid too much for six years and can claim account fees back. This does not currently affect all customers. But the ruling could have far-reaching consequences for all savings banks and their customers.
Not like that, dear Sparkasse
Until 2021, it worked like this: If a bank or savings bank introduced or increased account management fees for checking accounts, for example, customers could hardly defend themselves against it. Because: The signed terms and conditions contained clauses regarding contract changes and price increases. As a customer of a financial institution, you did not have to give consent if a bank or savings bank introduced fees or increased prices. If you didn’t actively object, the bank assumed you accepted the change. However, if you objected to such a change, you had to expect the bank to terminate your contract.
→ Brutal: This is how banks and savings banks rip off poor customers
But in April 2021 the tide turned. The Federal Court of Justice made a judgment. Clauses regarding possible contractual changes that are formulated in such a way that the bank can obtain fictitious consent in order to change its general terms and conditions without restriction unreasonably disadvantage consumers and are inadmissible. This means: If a bank or savings bank wants to introduce account management fees, increase costs for current accounts or charge for EC cards, it has to ask customers whether they agree to this. But Berliner Sparkasse, for example, didn’t do that. And now has to pay back fees.
Is this just the beginning?
Berliner Sparkasse would have had to obtain the consent of its customers to increase or introduce fees for checking accounts. The Berlin Court of Appeal decided this on March 27, 2024 after a lawsuit from the Federal Association of Consumer Organizations (vzbv) noted. The court declared Berliner Sparkasse’s unilateral fee increases since 2016 to be ineffective. As soon as the judgment is final, customers can demand money back. The vzbv is examining an appeal to further expand claims for refunds. Because: The vzbv is of the opinion that claims before 2018 are also worthy of repayment. The court did not follow this.
The verdict from Berlin could have a signaling effect. The vzbv is also taking action against Sparkasse KölnBonn in similar proceedings. The proceedings there are currently on hold as the result is pending at Berliner Sparkasse. But the Berliner Sparkasse could have only been the beginning of a large wave of repayments.
Read on now
Warning: Sparkasse will block your account if you do not agree to the new procedure
2024-04-06 07:22:08
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