Thursday, November 10, 2016

The Federal court of justice – money for Savers – Sü

building societies have demanded for decades, fees for loans. As customers after the Supreme court ruling will return your money can get.

for Years, the customer had to pay in his savings contract. As he began to finally be home savings loans, required the Bausparkasse Schwäbisch Hall, a loan fee of two per cent – for 30 000 euros credit at least 600 euros. But on Tuesday, the Federal court of justice (BGH) decided: loan fees, home loan and savings contracts are not permitted. The client is paying already interest on his loan. The fees in the case of many building societies for decades were common. Therefore, the judgment of Karlsruhe now has an impact on many home loan and savings contracts.

Who is affected by the decision?

The court of first home savings, which concluded a contract with the loan fees, but no credit is taken have to use. “This group can rely on the Supreme court decision and have to pay no loan fee,” says Markus Feck of the consumer advice centre of North Rhine-Westphalia. The building societies would not accept that these charges are permitted.

However, newer home loan and savings contracts anyway, no loan fees. Schwäbisch Hall is about no longer does it since the year 2000 in new contracts; competitor Wüstenrot is offering for three years, no rates with loan fees.

in front of all Savers, which had to pay loan fees, your credit are Affected. “You can now demand the money back,” says Feck. How high the charges were, people can be found on the account statement of your loan account. Both the consumer as well as the Stiftung Warentest have provided a model letter for repayment on the Internet.

The issue: claim for refund has, in principle, only three years after one has taken the credit. Anyone who has paid in the year 2013, the loan fee, and should ask for the money later this year. Otherwise, the claim could become Statute-barred.

What to do if the building society does not want to pay back the fees?

The danger is that building societies could ignore the claims until the relevant cases are time-barred. Therefore Savers should not be persistent, if your Fund pays. If Concerned, raise a court order or a lawsuit, the Statute of limitations. But these legal steps are expensive. Effective is an Ombudsman to turn to if the building society does not want to pay the fees in a timely manner. The Ombudsman mediates between the funds and their customers. Every building society is required to publish on the Internet or on the contract documents, which the Ombudsman is responsible.

What is paid in loan fees prior to the year 2013?

not cleared by a judge. “If the people Concerned have in the meantime, no court order, no claim, no Ombudsman turned on, could it be that their claims are time-barred,” says consumer advocate Feck. Hope a Supreme court ruling from the year 2014: at the Time, the judge processing had declared fees in the case of normal Bank loans is inadmissible; Affected could demand ten years after the completion of your loan the fees back. However, with regard to the loan charges for building societies, there is as yet no judgment could be on a longer limitation period than the usual three years of closing.

What are the possibilities, the fees to reclaim?

Who has been unduly paid, loan charges, you can either cash it out or he’s value date crediting. This means that The building society must the loan by expect; the first instalment of the credit would not go for the loan fee on it, but later in the repayment of the loan flow. “In purely mathematical terms, it is the better option to get the money credited,” says Feck. Because then Savers get rid of your debt faster and pay less interest.

Means the judgment that building societies are now allowed to request no more fees?

no. The building societies charge no loan fees, but have found other sources of income. Many funds now require a completion fee of up to 1.6 per cent of the bauspar sum, which is equal to the beginning of the contract. About Wüstenrot collects a “premium” of two per cent; that is to say: The customer takes 100% credit, but must pay 102 percent. In addition, some building societies require a account fee of up to 20 Euro per year. Against this fee, the consumer’s Association of North Rhine-Westphalia, currently; the Supreme court has not yet decided. Overall, Savers can always compare a bad, how expensive or cheap a contract model.


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