Sunday, September 5th, 2021
Banks want more money
What to do with Fee-Post
If you do not agree by September 30th, you will lose your account. Banks threaten their customers in letters following the BGH fee ruling. Bettina Bißwanger from the consumer protection center Baden-Württemberg explains how customers should react.
Capital: Many banks are currently asking their customers by letter to agree to their conditions by September 30th. What exactly is the letter about?
Bißwanger: So far, the banks have always informed customers two months in advance about increases in account fees, for example. If the customers did not actively object, this was considered to be consent. On April 27, however, the Federal Court of Justice ruled in the Postbank case that the bank cannot unilaterally change large parts of the contract on its own. The banks therefore demand approval of the terms and conditions in the letters.
At the same time, they promise that they will otherwise close the accounts. How seriously should this threat be taken?
In principle, the following applies: The bank may terminate an account – even without a reason – with a reasonable period of notice. Of course, we cannot yet estimate how many banks will actually make use of the termination right. For many customers the deadline is still running, but we already have the first cases where the notice was given. So you should expect it. Incidentally, this has already happened to customers who have objected in the past.
Does that mean that the current procedure after the BGH ruling from April is actually not a surprise?
In the past, of course, customers had to actively object. If you did that, the account was often terminated afterwards.
What then changed the BGH ruling?
Basically, the BGH strengthens the rights of customers because they now have to actively agree to changes. That means, for example, one now perceives the price changes in the account fees in some form. This was not always the case before the judgment, because not every bank customer checked their account regularly and was then surprised by higher fees. Strictly speaking, something like that can no longer happen. But the practice of the banks was the same, so the BGH ruling did not make them nicer.
The customers of cooperative banks are also co-owners. Do you have to expect your account to be terminated?
Bank customers of a cooperative bank naturally have additional rights. As an individual comrade you will of course achieve little. If, however, several customers come together – the Annual General Meeting offers an opportunity, for example – they may be able to influence business policy.
The Savings Banks Act also applies stricter rules to the savings banks. What does that mean for Sparkasse customers?
The savings banks have a public law mandate to adequately and adequately provide all sections of the population with financial services. This is what it says in the Savings Banks Act. Putting customers under pressure is in contrast to this. There will probably still be layoffs, even if savings banks – unlike other banks – have to justify them. Customers are most likely to exert influence here when they complain to local politicians. They are often on the supervisory board of the savings banks.
With regard to the deadlines set now, the scope for action is rather limited …
Time is of course short to change something politically. The most room for maneuver you are likely to have is to consider whether you should change banks. There is also another period of time before the account is finally canceled. If, for example, you have not agreed by September 30th, you usually have another two months until the termination takes effect if the bank terminates directly.
Is it possible to take legal action against this behavior?
When customers turn to the consumer advice center and send us letters from their bank, we check in these cases whether we see any possibilities to take action against the letters. However, not every letter that is perceived as unfair or that is poorly worded can also be legally challenged. If the bank says “Please agree, otherwise we cannot continue the business relationship”, then that is not nice, but it is not legally open to challenge. At some banks, on the other hand, we have found starting points and are checking whether we can take action against the letters.
For example, where?
This applies, for example, to Sparda-Bank Baden-Württemberg, which gives its customers a choice. Anyone who reclaims their wrongly paid account fees after the BGH ruling should pay 7.50 euros in future account fees. If you do without it, you will pay 5 euros in the future. Anyone who asserts their rights will therefore be punished. We find that problematic.
How can customers claim back wrongly paid fees if they have to agree to the new conditions at the same time?
That depends on the bank. Most banks explicitly ask for future approval in their letters; the claims for repayment are not affected. However, some banks will still cancel the account if you reclaim fees – even if you agree to the future conditions. Still other banks mix the two and ask for approval after the fact. You should therefore look carefully in any case. So if the word “retrospective” is used or several dates appear, one should be suspicious.
In other words, how should bank customers react to the letter from their house bank?
It is especially important not to simply agree or ignore the letter. If you are unsure how to deal with it, the best thing to do is to send a copy to the local consumer advice center. She can then check whether there are any legal starting points. Then you should seriously ask yourself: Do I need this bank? If the answer is yes, you will have to agree to the terms. Nevertheless, you should file a complaint, for example with the Bafin. If you have been thinking about changing for a long time anyway, you should look around now. Because there are still some banks that offer free checking accounts under certain conditions.
Christiane Kreder spoke to Bettina Bißwanger
The interview appeared first at “Capital”.
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