INVALIDITY OF SOME BANKING COMMISSIONS

It is standard practice for banks to earn bank fees in multiple cases. Some of them are justified, but others have no explanation. The Ministerial Order of December 12, 1989 establishes that banks can establish with their clients the commissions that they freely agree, but article 5 says: “The commissions or expenses passed on must respond to services actually rendered or expenses incurred.” There are commissions charged by banks that have no justification for a service provided or an expense, and therefore the courts have ruled that they are voidable, between companies, not with consumers. This is the case of a commission for the return of effects, in a discount policy. The bank already charges the customer interest on the discount, and then a return occurs does not correspond to any service provided, or expense incurred. The same thing happens with an overdraft, overdue debt, or debtor position commission.

And I reiterate that this possibility of canceling those commissions and asking the banks to refund their payments occurs not only with consumers, but also with companies.