Wrongly – like the German Federal Supreme Court (BGH) decided in the summer of this year (AZ.: XI ZR 388/10). Account management achievements for the Bank’s own billing purposes and must not be equipped with a special fee. The customer can get a performance that was linked for him with no advantage, because he could see his payment obligations also contract or interest and repayment schedule. Because the judgment is valid retroactively, borrower can reclaim previously paid account management fees. According to BGB, the General Statute of limitations for such claims is the customer does not receive back thus three years, longer past payments. Still unclear is whether the Statute may only begin with the end of the credit agreement–then banks would reimburse amounts received even before that. To deepen your understanding HAAS is the source.
Treasure cost even those fees are not allowed. In the past, have Credit institutions Treasury costs for the determination of the object or the lending value of the property charged. The collateral value is calculated through the work of an expert, the cost – between 100 to 500 euro or even higher – the banks ranged further like to the customer. In a judgment of April 24, 2007 against a building society the Landgericht Stuttgart decided that this practice is not permitted. Because the valuation belong to the tasks of the building society and serve their interests, she should require no extra remuneration for it (REF. 20 O 9/07). As a result of the ruling, customers, taking into account the limitation period, could reclaim paid Treasury costs.
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