The Provincial Court of Álava has declared the commission charged by Bankinter for depositing cash at the teller window “due to abusiveness”. Said commission penalizes the cash deposits that are made at the window with an amount of two euros to those who do not own an account, “within the strategy of financial entities to kick customers out of the branches”, as reported in an EKA/ACUV statement and collected by Europa Press.
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With this sentence, that commission is declared null and void and the entity is condemned to stop charging it. As an added effect, all charges made to date are also null, so they must be returned, added the Basque organization of consumers and users. The sentence indicates that expenses may only be received or passed on for services firmly requested or expressly accepted by a client, “provided that these services are actually provided and the expenses incurred are justified.”
In the same way, the judicial resolution indicates that “the option for the window, now converted into a counter, instead, for example, of the use of a transfer, will respond to the intimate intention of the person who makes a deposit, but that intention is not relevant to determine if you can be charged an operating expense fee. “The charging of a commission for a cash deposit made at a Bankinter branch does not meet the requirements of Directive 93/13, since it constitutes an obvious obstacle for the consumer who intends to make that deposit. This obstacle is none other than the imposition of an additional obligation, which we are not aware of has been contemplated in Bankinter’s contract with the beneficiary”, he indicates.
For this and other reasons, as highlighted by EKA/ACUV, the sentence considers that the collection of the commission for deposit in cash, even if a concept is indicated, “is abusive and therefore null”. Finally, it has encouraged all the people affected to contact the Association to manage the refund of the amounts.