Credit fees: Bank has to pay back customer 2000 euros

Anyone who signs a consumer loan agreement with a bank usually also pays processing fees. The amount is determined as a percentage of the loan amount.

As reported, the admissibility of the fees themselves and the different structures is currently the subject of several court proceedings.

• Read here: Loan processing fees: When are they permissible?

As the private consumer protection association (VSV) reported on Wednesday, a first ruling by the District Court for Commercial Matters (BGHS) has become final. The defendant, Erste Bank, has withdrawn its appeal.

Additional costs in addition to the processing fee

A customer from Lower Austria is now entitled to a refund of 2,000 euros. According to Miriam Faber from the VSV, the ruling was based on a non-transparent “double billing”. In addition to the processing fee, a registration fee and the credit check had to be paid separately. The general legality of a processing fee was also called into question in the ruling.

According to Faber, more than 1,000 bank customers have reported to the VSV, and all institutions are affected. She would like to see an agreement with the banks for a general settlement: the affected members of the VSV would receive a percentage of their loan fees back, and there would be no need to go to court. This would not be worthwhile for either side due to the high negotiation costs, said Faber.

Erste Bank speaks of isolated case

In a statement, Erste Bank points out that four lawsuits against the processing fee have since been dismissed by courts.

According to case law, the fee is permissible, and the ruling in question is an isolated case. “Erste Bank has decided to clarify the legal situation in those proceedings in which the courts took current supreme court rulings into account. It will continue to vigorously defend itself against new unjustified claims for repayment,” it says.