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Question 1: Are there any illegal bank fees that some banks charge their customers?
Bank charges Today, with the role of the Banque de France and consumer associations, these abuses can be limited.
Indeed, a broad system to fight against these illicit fees has been put in place by several establishments.
The law of 26 July 2013 known as the separation and regulation of banking activities (law no. 2013-672) introduces a cap on the intervention commissions levied by banks (article 52) in the event of the authorized overdraft being exceeded.
The decree of October 17, 2013 (decree no. 2013-931) sets the ceilings for these costs. Commissions collected by credit institutions cannot exceed, per bank account, an amount of 8 euros per transaction and 80 euros per month. For people in a situation of financial fragility (subscribing to an adapted offer likely to limit payment incidents ), the ceiling is set at 4 euros per transaction and 20 euros per month.
The provisions of the decree entered into force on January 1, 2014.
– Furthermore, in a position adopted on November 6, 2013, the Prudential Supervisory and Resolution Authority (ACPR) decided to specify the procedures for taking into account, by the control system of subject institutions, the use of Intermediaries in Banking Operations and Payment Services (IOBSP) for the marketing of their products and services.
– Concerning the legal procedure, the Court of Cassation also sanctions this type of deviation, for example in a judgment of February 5, 2008, bank charges, other than agios, linked to bank overdrafts, were deemed illegal. Call number: 06-20783.
As an indication, it may be illegal withdrawals in the following cases:
For Cheques: direct debits are for example prohibited when it comes to the provision of checkbooks. Free, decided in 1977, is the counterpart of the obligation to hold a bank account to receive income and salary. (article L 131-71 of the monetary and financial code). If the banker sends the checkbook by registered mail, he must not charge postage higher than the postage.
If the checks are refused, the costs are capped: they cannot exceed the amount of the check issued. Since January 1, 2002, the banker can only proceed with a rejection “after having informed, by any appropriate means (…) the account holder of the consequences of the lack of funds” (article L 131-73 of the Monetary Code and financial institution, amended by law no. 2001-1168 of December 11, 2001, known as the Murcef law). He usually does, and he bills his letter.
Limit of the deductible applicable to payment and withdrawal transactions carried out before the notification of opposition for loss or theft of the card – In accordance with Article L. 133-19 of the Monetary and Financial Code, the damage suffered by the holder of card (and/or account holder) must not exceed 150 euros for payment transactions as well as for withdrawal transactions carried out before the opposition, the legislator having established no difference between them.
Nevertheless, consumers must be vigilant and as proof, according to Daniéle Nouy (President of the Committee of European Banking Supervisors), the actions in terms of control of commercial practices have revealed serious shortcomings in the application of the rules of the right to an account.
Question 2: To what extent can bank charges be negotiated?
Banks are merchants like any other. All display reference prices in their agencies. All leave room for maneuver to their account managers to refine and adapt each commercial proposal.
And it’s not just the mortgage rate or the car loan that are affected. Everything is negotiated, we are in a state where freedom of contract takes precedence: the content of your account agreement, the invoicing of services, the amount of your credit card, agios in the event of overdraft, except the interest rates of the regulation the savings instituted by decree or the management fees indicated in the notice of the SICAV because the law prohibits it.
The determining element of the negotiation: your client profile. The more incidents your account has, the less leverage you will have to achieve your goals. Similarly, if you are perceived as an “acquired” customer, he may be less receptive. In this case, it’s up to you to convince yourself that you can compete, and that your loyalty has a price.
Question 3: Can a specialized lawyer help an individual manage his bank charges?
Indeed, a lawyer can enter into negotiations with a bank in the interest of his client. His knowledge of the regulations in this area generally allows good results to be obtained.
Especially since nowadays, banks have a mediator who can help the layman and the bank to reach a common agreement, it is still necessary that this mediator present guarantees of impartiality and independence vis-à-vis -vis the bank.
Question 4: Can we get out of our bank if we find that the bank charges are too high, are there bank change fees to be expected, if so, can we negotiate them?
The vast majority of bank accounts are opened without a fixed term.
Closing of the account by the customer – The holder of an account can, in principle, freely request the closure. No specific form is required by law, but the account agreement may provide for an account holder information form. Notice may also be provided for the liquidation of operations in progress: payment of checks previously issued and not yet presented, execution of card payments. The account holder may make execution of the customer’s order subject to the return of unused check forms and payment and/or credit cards.
It happens that an account is the accessory of another contract binding the parties: credit or investment transaction. The account holder is then justified in postponing the closure of the account to an agreement on the fate of the main contract. A simple example can be cited: that of a credit accompanied by the commitment of the borrower to pay a direct debit in the coffers of the banker lending rents or a salary.
If a person holds several accounts in the same establishment, he can obviously limit the closure to a single account.
Closing is free for current accounts and passbook accounts since January 1, 2005. However, the transfer of certain products (PEL, PEA) may be subject to invoicing.
Question 5: How to explain the difference in bank charges between banks?
Indeed, considerable differences are to be denounced from one establishment to another and for the same service.
As such, the consumer association UFC-Que Choisir denounced on January 21, 2013 “unjustified” price increases on certain banking services.
The UFC, which publishes its list of French banks, recalls that of the ten most frequent services, seven have seen their prices increase since the last survey in October 2010, four of which more strongly than inflation over the same period.
These differences are justified by competition policies.
