Reclaim credit processing fee.
Credit: reclaim processing fee.
Now you have to act quickly, because by the end of 2023 you should have reclaimed the fees for loans from 2005 onwards. Otherwise the statute of limitations will apply.
Back in May, the German Federal Supreme Court (BGH) dealt with the fees that some banks charged borrowers for processing consumer loans. These fees were declared inadmissible by the BGH.
However, one could assume a three-year period of limitation. However, the Federal Court of Justice (BGH) has now added to this and made it unmistakably clear that the statute of limitations has not yet expired for fees paid in 2005 and later. This clarification was extremely important.
Borrowers should now look as soon as possible to see if there are loan processing fees listed in their loan documents from 2005 or later years. If this is the case, one should immediately contact the lending bank in writing and demand the repayment of these fees. An informal letter with the reference to the judgement of the BGH is sufficient for it.
Sample letters are available on the Internet, for example from consumer advice centers, but any affected borrower can also easily draft the letter themselves.
The following points should be included in the letter:
- Complete sender, if necessary. former address
- Number of the credit agreement and date of conclusion
- Amount of the processing fee
- Recovery of fees with reference to the BGH rulings XI ZR 170/13 and XI ZR 405/12 from 13.05.2014
- Reference to the statute of limitations that has not yet occurred with reference to the BGH rulings XI ZR 348/13 and XI ZR 17/14 from 28.10.2014
- Naming the current bank account
- Setting a deadline for the reimbursement of loan processing fees
Borrowers have until 31 December to do this.12.2014. After that, the statute of limitations begins to take effect and the banks are off the hook.
Therefore, one should not take a chance and wait until the last day. It is better to draft the corresponding letter as soon as possible and send it to the bank by registered mail.
Legal action in the event of refusal by the bank
Normally, banks will be aware of the BGH's rulings and will not refuse to refund fees. Should a bank but still refuse the recovery, which it must explain in writing, then you should immediately make your way to a lawyer and sue the bank as ultima ratio.