The judgment applies in principle to all private installment loans. It does not matter if the car should be financed or a new kitchen. Legally, loans for real estate such as houses or apartments fall under it. The term of the loan is not relevant.
What are the processing fees exactly the judge’s verdict?
A prerequisite is that the fees and their amount had already been set by the bank, so the customer had no influence. The banks set such fees in their price and services list.
How long are the refund claims of the customers?
Unfortunately that remains unclear. The BGH has not decided on Tuesday, when the reimbursement claims of affected customers expire. This is controversial among lawyers. “Anyone who has signed a loan agreement within the last three years can claim back the processing fee,” says Leverkusen consumer advocate Guido Lenné. These demands are in any case not barred.
What about older loans?
Debtors should wait and see, continue to service the credit and look at the further case law of the BGH, says consumer advocate Lenné. The BGH also has procedures in which the banks have relied on the statute of limitations of the claim. Consumer advocates assume that the BGH will soon make a decision here.
Is it also possible to reclaim his fees when the loan has already been paid off?
Yes, says the lawyer of the Schutzgemeinschaft der Bankkunden, Wolfgang Benedikt-Jansen. However, because of the unclarified statute of limitations applies here: Currently, only on the safe side, who has closed his contract from 2011.
What does the verdict mean for the banks?
You will probably have to deal with thousands of recoveries – either by direct solicitation of customers, be it in ongoing legal proceedings. The BGH alone has about 100 more cases pending. According to chairman Ulrich Wiechers, the ombudsmen of the banks also have about 3,000 recoveries. Thousands of other lawsuits will be filed with consumer lawyers.
The lawyers expect that the banks will now recognize the claims and many lawsuits come quickly to an end.