Overdraft commission. New blow of the Supreme Court to the Bank. 

25/03/2020

The High Court has declared illegal as abusive the overdraft commission that some entities charge automatically to customers who remain overdraft, which amounts to €30 per debtor position. Abusive conduct that does not comply with the Bank of Spain rules for this type of commissions because it foresees that it may be repeated and is presented as an automatic claim. Nor does it discriminate between periods of arrears, so that the ineffectiveness of the installment on the scheduled payment date is enough for a commission to accrue in addition to late payment interest.

"It cannot be deduced that this will generate an effective expense, it is not the same to require the client 'in situ' to appear at the office for other management, than to make a simple phone call, than to send a letter by certified mail with acknowledgment of receipt or a burofax, or make a notarial request," adds the sentence. This decision has provoked reactions from consumer associations, which require "financial institutions to behave responsibly, abandon this abusive practice and not force their clients to claim in court for a commission that has already been declared null."