Karlsruhe – A planned hearing of the Federal Court of Justice (BGH) on individual amounts for loan agreements does not take place at first. The Targobank was sued a few weeks ago, as it demanded a single individual amount from a bank customer when making a loan. The Targobank justified this with special services, which the customer had received in connection with his loan.
Whether the disputed “individual contribution” for certain loans of the Targobank is permissible is not clarified for the first time by a supreme court. A scheduled for November 22 trial of the Federal Court (BGH) on the subject was canceled on Thursday. The bank has withdrawn its appeal, said the court in Karlsruhe. The Targobank justified the step on request with “a re-examination of the individual case … in a concrete case” (file No. XI ZR 450/15). A customer had pleaded that upon conclusion of the bank’s “individual loan” a “term-independent Individual contribution “of almost 1900 euros had paid. This loan differs from the basic variant by some special benefits. For example, a pause is possible once a year. Background of the lawsuit are judgments with which the BGH in 2014 had overturned processing fees on loans. The banks wallowed over these fees inadmissible administrative costs on the customers, it was said at that time. It was only on Tuesday that the Senate extended this case law to home savings loans. Consumer advocates such as the banking law expert Markus Feck of the consumer center NRW criticize the “individual contribution” as a “little brother of the processing fee”. Since he is associated with special services, courts have sometimes declared him admissible, sometimes invalid. Ultimately, the BGH would have to decide. There are still several comparable cases pending. The Targobank does not collect the contribution according to own data since February any more. If the BGH declares it ineffective, customers could claim back their money.
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