Annual fees for home savings contracts “disadvantage the home saver” disproportionately
The Federal Association of Consumer Centers had sued. The case was first dealt with by the Regional Court of Hanover under Az. 13 O 19/20 and then came before the Higher Regional Court of Celle (Az. 3 U 39/21). The defendant was the Bausparkasse BHW, which had charged an annual account fee of twelve euros. The argument for the unlawfulness of the relevant provision in BHW’s general terms and conditions was that it “disadvantaged the saver against the requirements of good faith”.
Both the Hanover Regional Court and the Celle Higher Regional Court had agreed with the Federal Association of Consumer Centers, but BHW appealed to the Federal Court of Justice (BGH) – unsuccessfully.
Account fees are not legal in either the savings or the loan phase
With the judgment of the Federal Court of Justice, building society savers can reclaim the account fees from BHW: building societies would earn enough money from customers with the transaction fee when the contract was concluded and the comparatively low interest rates (depending on the time the contract was concluded). “With the annual fee, costs for administrative activities are passed on to the savers, which the building society has to provide due to its own legal obligation,” writes the BGH on its website.
As early as 2017, the BGH had ruled that account fees for home savings contracts in the loan phase are not legal.
Three or ten years limitation period
Specifically, the judgment only applies to home savings contracts at BHW. Customers can be sure of a refund of old account fees. You can also try to collect the fees from other building societies – but if the cash register refuses a repayment (plus four percent interest), the only way to go is to go to court, explains the information portal Capital.
But there is a statute of limitations. “In our opinion, your claim for reimbursement of all fees paid within the last 10 years is not yet time-barred. Banks and building societies often refer to the general three-year limitation period. However, it stands [die] This is contrary to the case law of the European Court of Justice,” writes the Federal Association of Consumer Organizations on its website. In concrete terms, this means that customers have until at least the end of 2025 to assert their claim for repayment.
Olga Rogler / Editor finanzen.net
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