We are getting used to the banks doing and undoing at will. Consumers protest, but too many times we assume it. For example, current legislation does not provide for the obligation of these entities to previously register in the Bank of Spain the fees they may charge for banking operations, nor those that have a maximum nature, only considers the need to maintain public information by the more frequent operations and services, as well as previous information on the content of the contracts and the pre-warnings in the modifications related to the commissions of the contracts.
This means, basically, that the banks can do and undo in that sense and their practices will be legal while any possible novelty in this regard is communicated to the client and he assumes it . They also have the obligation, since January 2014, to provide their clients with an annual summary of commissions and interest.
As for changing conditions, except in contracts of indefinite duration, the possibility of modifying the agreed conditions must be included in the contract, something that banks are responsible for doing almost always.
But it’s not worth everything. The client also has to say , at least in the case of contracts of indefinite duration, since the collection of commissions and / or expenses that suppose a new situation for the client, must be notified by the entity to the interested party in sufficient time and in a individualized, so that its indisputable right to know and to have, at least, the opportunity to decide in advance on the cost of commissions and expenses that are going to be passed on by the entity, to act accordingly.
Thus, the law would be infringed in the cases in which they are commissions that, without having been modified, exceed what was foreseen in the contract and / or in the commission rate or else they are fee commissions to which the contract It is referred in a general way.
In this sense, the most common bad practices of some banks are not to inform the clients in advance of the loss of free service and to charge unpaid commissions for new services, without proving that they had previously and reliably informed the clients of its cost, or with reasonable anticipation so that customers can exercise the option of accepting or not accepting the new conditions.
In summary, for the commission to be applied, the following will be necessary:
- That they are included in the framework contract with the client, and in the book of fees and commissions of the entity.
- That they are motivated by services effectively provided by the entity to the client.
The commissions can be modified throughout the life of the contract. To do this, it must be communicated according to the conditions stipulated in the contract for modifications one or two months in advance, either in writing or by means of a support of a durable nature submitted individually.
HOW TO CLAIM
In order for a client to claim for these commissions without resorting to a judicial process, they may choose to negotiate with their financial institution , and if they do not obtain a favorable response, they may submit a claim to the entity’s Customer Service , in writing and retaining a stamped and dated copy, or send it by fax or burofax to always keep the acknowledgment of receipt.
If after this, and after the period of two months that the entity has to answer without it having done so, the next step would be to file a claim with the Bank of Spain , including copies of all the documentation previously presented, DNI and how many documents you want.
For example, the refund of the amount corresponding to the commission of an overdraft could be claimed if the bank does not prove that it has complied with the requirements established by the Bank of Spain Claims Service doctrine, such as the effective existence of claims procedures made before the Bank. customer debtor. It would not be enough to simply send a letter periodically generated by the computer.
The refund of the administration and maintenance fee shall also be applicable, if there is an obligation to maintain the account by taxation of the entity and use it exclusively to pay the interest of a deposit or to service a mortgage loan or payments derived from any other type of operation. After the publication of Order EHA / 2899/2011, of October 28, transparency and protection of the banking services client in 2012, it establishes that credit institutions that market banking services linked to the hiring of another service, financial or not, they must inform the client, in an express and understandable manner, about the possibility or not of contracting each service independently and under what conditions, as well as the total cost that corresponds to each of the services.
In addition, the Claims Service of the Bank of Spain determines that the collection of commissions for delivering the certificate of the debt or of the zero balance of the mortgage loan, or for the transfer of its agent to the notary if it wishes to process the cancellation of the registration, is considered a bad practice, since it is a precise certificate for the fulfillment of a legal obligation.