Lawsuit Initiated against Sparkasse
Article Title: BGH Ruling Paves Way for Refund of Improperly Charged Bank Fees
In a significant development, the Federal Court of Justice of Germany (BGH) has ruled that banks may not interpret silence as consent to announce changes in fees and general business terms (GTC), and they may not increase fees solely on the basis of changed GTCs without explicit consent.
This ruling, issued on April 27, 2021, creates a legal precedent making unlawful fees refundable. However, the question of whether Sparkasse am Niederrhein must refund improperly charged fees following this ruling depends on the specific details of the ruling and its applicability to that bank.
If Sparkasse am Niederrhein is charging fees that were deemed unlawful by the BGH in a similar case, and if those fees were charged under terms or circumstances covered by this ruling, the bank is generally obligated to refund them. The bank's claim that "the ruling does not apply to us" would only hold if they can legally prove that the ruling’s scope does not cover their fee structures or agreements.
The Consumer Center NRW has taken a stance on this issue, demanding that Sparkasse am Niederrhein cease and desist from rejecting refund claims with the argument that the BGH's case law does not apply. In fact, they have filed a lawsuit against Sparkasse am Niederrhein due to their refusal to refund improperly charged fees.
For customers affected by this issue, it is advisable to consult a legal expert or a consumer advice center to review your contract and the relevant court ruling in detail. An interactive model letter for submitting a claim for improperly charged fees is also provided by the Consumer Center NRW.
It is important to note that improperly charged fees are not automatically refunded, but only upon application and after individual examination. Customers have a right to reclaim fees that the BGH has found unlawful, even if banks resist or delay refunds.
Moreover, improper increases can accumulate to triple-digit sums over time, making it crucial for affected customers to take action. You can reclaim improper increases for at least three years.
In other news, Sparkasse am Niederrhein continues to refuse to refund improperly charged fees, claiming that the BGH ruling is not legally binding for them.
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Stay informed and assert your rights as a consumer. If you believe you have been unfairly charged, take the necessary steps to seek a refund.
- The BGH ruling potentially opens a path for businesses, like Sparkasse am Niederrhein, to refund unlawful fees charged to customers in finance.
- If Sparkasse am Niederrhein fails to refund improperly charged fees despite the BGH's ruling, customers may consider consulting legal experts or consumer advice centers for guidance on seeking a refund.
