Meine Mutter ist zur Bank und die verlangen 3500€, rechtens?
Hallo ihr Lieben,
meine Mutter wohnt alleine und ist durch ihre Krankheit (Multiple Sklerose) psychisch nicht immer auf der Höhe. Der Zustand schwankt phasenweise.
Sie hat die Vermutung, dass ihr Bankberater bei der Commerzbank ihr Geld unrechtmäßig verwendet hat. Dies soll im Jahr 2019 passiert sein, als sie 4000 € abgehoben hat. Während sie verreist war, sollen angeblich noch einmal 2000 € abgehoben worden sein. Wie wahr das Ganze ist, kann ich leider nicht beurteilen, da sie öfter das Gefühl hat, dass etwas nicht stimmt.
Meine Mutter ist zur Bank gegangen, um ihr Anliegen zu erklären und zu fragen, ob sie zur Polizei gehen soll oder was sie genau tun soll. Die Beraterin bot ihr an, die Kontoauszüge der letzten fünf Jahre zu beantragen, und meine Mutter stimmte zu und fragte, wie viel das kosten würde. Die Beraterin meinte, es würde etwa 500 € kosten.
Da sie der deutschen Sprache nur gebrochen mächtig ist und keine Ahnung von Rechtsangelegenheiten hat, hat sie das Dokument unterschrieben. Sie war geschockt, als sie später auf ihr Konto schaute und sah, dass 3500 € abgebucht worden waren. Ihr Konto ist nun im Minus, und sie lebt von ihrer knappen Frührente.
Nun zu meiner Frage: Ist das rechtens? Darf die Bank tatsächlich 3500 € für Kontoauszüge verlangen? Was soll ich nun machen? Ich kann leider auch nicht einfach so 3500 € aufbringen.
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I strongly advise you to go to the bank with her and clarify it.
You know the story from your mother’s point of view, now listen to the opposite and consider where the truth could lie between the two stories.
Because if she hardly speaks German, she may not have understood a lot correctly, perhaps even the bank advisors so wrong or misunderstood things that nothing meaningful came out and possibly also started paid orders (this goes also orally).
Therefore, go with the documents so that you can get information and also translate it for them.
On the subject of cost: when my grandma became dement, there were also strange sales (but by her signed payouts). Since we wanted to know how many, just to get an overview of how much money is missing, their children also wanted account statements because the originals were incomplete. The bank has required 50€ per monthly extract for all older one year plus a flat-rate amount of 200€ if more than 10 account statements are requested. They then thankfully rejected and rather searched the whole house (by money and account statements). So this can be really expensive. My bank, however, requires 5€, no matter how old. Just when it’s 3,500€ and she talks about 500€, maybe she just didn’t get the sum right or the demand is something completely different.
No one knows what has gone wrong in language and if she is not always fit, it doesn’t make it easier.
Depending on how often and strongly mentally it is, you should also consider whether a financial support would not be useful so that this does not happen again. Because this is getting worse with increasing illness.
Hello Vogelspatz832!
I’m sorry to hear about your mother’s situation. It sounds really burdensome, especially because it also suffers from MS.
First of all, I would like to point out that usually the costs for the issue of bank statements should not be so high. I would recommend that you contact the bank and try to clarify the misunderstanding. Explain the situation of your mother and ask for a statement for the high fee. If the bank is not willing to adjust the fee, you might also consider turning to a consumer consultancy office to obtain legal advice.
It is also important that your mother regularly checks her bank accounts to detect unauthorized transactions or irregularities at an early stage. In this case, it might also be advisable to contact the police and report the incident.
I hope that the situation for your mother will turn to the good and give her the money back. If there are other questions, I would like to be available.
She was supposed to go to a lawyer so that he’d blur the story.
https://www.t-online.de/finanzen/news/company-consumer/id_84388520/kontoauszug-kontoauszug-so-viel-langen-banken-fuer-duplikate.html
A lawyer costs money and doesn’t necessarily know. It should be at least a specialist attorney. Whether it is possible to apply for legal aid depends on income and wealth. I would turn to an ombudsman. This is free of charge.
This is not a process.
still around you
I wanted to say thank you again to all and everything has now settled down. A lawyer was taken and 3000 euros were repaid. The bank tried to get out of it and even didn’t want to take over the attorney’s fees. I just wanted to write a post if someone had the same problem.
depending on the effort – e.g. from the archive – the Sparkasse here requires 200 €.
https://www.t-online.de/finanzen/news/company-consumer/id_51390910/sparkasse-verlangt-200-euro-fuer-alte-kontoauszuege.html
Accordingly, for 9 account statements 197 €
Of course, if you need all account statements over 10 years, it can be expensive.
Unless the authority, like Jobcenter, has to pay it itself if it is required.
However, as long as retroactive would not be permissible.
I don’t understand what it is.
Your mother thinks anyone would have illegally raised €2,000 5 years ago. Now it has signed a contract for €500 for the expression of the account statements of the last five years. Finally, the bank has booked €3,500 instead of €500.
Is that right?
So that was an excerpt you could show me. It is always the case where you feel the money is missing. She lives very sparingly because she doesn’t have much available, so she wanted to be clear with the extracts.
Exactly, the consultant meant 500 euros, but it was booked 3500 euros.
And what’s in the contract?
Yeah, right. The situation is pretty thin.
No, it doesn’t fit, but I can’t explain it with the information given.
At 3,500 EUR it does not fit in front and back. And you always have to refer to the specific contract. This is what you have signed and what leads to a concrete foundation of claim.
I refer to § 675d IV p. 2 independently of the exact content of the contract and the possible existence.
A lawyer would certainly be able to make that straight. But he needs all the documents and information.
I should be very surprised if, in this case, a special single-contractual scheme had been adopted, usually simply referring to the respective price and performance register.
Right, basically. Now the question is what should be specific in accordance with the Treaty.
The price and performance index of the bank is generally valid.
https://www.commerzbank.de/portal/media/efw-documents/price_servicesverzeichnis.pdf
The Commerzbank therefore requires 3 Euros for the re-establishment of account extracts from the last 18 months and 15 Euros for older extracts. This means that 180 euros would be normal for one year (for an extract per month) for older extracts.
Yes, it is not on Google, but on the individual contract…
I didn’t see it right now. But according to Google, the 15 euros per extract demand.
It’s a bit lazy about history. The innovation of account extracts does not cost 500,- and no 3500,-.
If it does not control the language, it is simply not capable of business.
Maybe you’re going to the bank?
Make an appointment at the bank, go with your mother and settle it.
Sorry, she doesn’t understand the language and is cognitively restricted by her illness, because there is a need for clarification.
It should also be looked at whether someone does not take care, patient order with everything about it and it would be necessary. Power for you, etc.
Only because of difficulties in understanding, there is no need for care.
You forget the mental problems
It is not about mental problems but about cognitive restrictions, the disease will progress and then needs to take care.
Who does not control the language is simply not capable of business
Even those do not automatically justify a support.