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News

Chargeable bank statement unlawful

26.02.2019

The fee of € 2,00 for a transmission of account statements by mail, which is provided in the terms and conditions of a bank, is not legal.

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Account charges may only be increased under certain conditions

26.02.2019

The transparency requirement of the KSchG stipulates that the consumer must be informed about the significant influencing factors of a fee increase in order to understand the effects of a clause.

 

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The clauses "manual rework" and "third-party charges" are void

26.02.2019

The clause “manual rework of transactions € 2,90/3,90” contained in a bank's general terms and conditions, according to which consumers must pay the specified fees even if the manual rework of their transaction is necessary solely for reasons attributable to the credit institution (such as computer errors), is grossly disadvantageous and therefore ineffective.

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Interest clause and refusal of disbursement and cost allocation in the GTC

24.03.2017

The clause of the calculation of the interest rate is based on the calculation method "ACT / 360" is legal. This standard method of calculation is based on the assumption that one year has a period of 360 days and that one month has a period of 30 days resulting in slightly higher interest rates.

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Restriction for the offset by the borrower in the GTC

24.03.2017

According to a provision stipulated in the GTC the bank can offset all claims against the borrower but the latter can only offset claims against the bank that are linked to the liabilities arising from the credit relationship, or which have been judicially awarded or recognized by the credit institution. 

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Prospectus information and final conditions

14.12.2016

Issuers of bonds must publish important information in the offering programme in a basic prospectus.

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Obligation to minimize damages in case a loan was unjustly declared due and payable?

14.12.2016

In the case decided, a bank unjustly declared the loan earlier due and payable, whereupon the borrower demanded the costs of the debt restructuring from the bank as compensation for damages. 

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Liability in case of phishing-attacks

17.05.2016 Read more

Lower duty of a bank to warn and inform a pledger

17.05.2016 Read more