Overdraft fee

Your company holds a credit account with a bank that allows you to access a certain amount for a specified period of time. However, you have made transactions exceeding this credit limit, and as a result of this overdraft, the bank has not only charged you for default interest, but has also applied an excess overdraft fee.

Well, this practice is not correct, and in fact, courts have already ruled in cases like this: in such a situation, make a claim to the bank. If the bank does not refund the fee, take the case to court using the following arguments:

• Firstly, interest serves as compensation for damages in favor of the bank, arising from the client's default, while the fee aims to remunerate a specific service actually provided by the bank.
• Charging both concepts for the same debt and for the same period implies a double charge by the bank. This is because, in this case, the fee does not correspond to a real and distinct service provided by the bank, as required by banking regulations.
• Even if there is a contractual clause allowing these fees, this is not sufficient to impose them automatically, as they must correspond to a service provided.
• The prohibition of duplication applies to cases involving both consumers and companies or professionals.

Remember that, unlike your situation, in bank current account contracts involving consumers, the interest rate for overdrafts and excess amounts cannot exceed 2. 5 times the legal interest rate. This limitation is imposed by banking regulations, and failure to comply may lead to the clause being considered abusive and declared null by the courts.

Our professionals will address all your concerns regarding bank fees and assist you with the corresponding claim to the institution.