Loan fees
Reclaim processing fees from loans
Many loan contracts contained a separately charged processing fee. We assess free of charge whether you can reclaim this fee, and we finance the proceedings.
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- Assessment free of charge
- Lawsuit at our expense
- Fee only if successful
Who is behind it
Ronald Mechtler personally stands behind every case
Ing. Ronald Mechtler, BA, MBA, Managing Director of R. M. Prozessfinanzierung GmbH
Ronald Mechtler is Managing Director of R. M. Prozessfinanzierung GmbH. The company finances civil proceedings brought by consumers against banks and online gambling operators and bears the litigation costs if the case is unsuccessful.
- Assessment free of charge
- Litigation at our cost
- Fee only if successful
What the reclaim is about
With numerous loan contracts, a separately charged processing fee was demanded in addition to interest, often in the order of four percent of the loan amount. Whether such a clause was permissible is the subject of civil-law review and depends on the specific contract.
What matters in the individual case
- the specific clause in the loan contract
- the point in time the contract was concluded
- the amount and the calculation of the fee
- whether the fee was shown separately
What is always decisive is the individual contract. A blanket statement about the prospects of success is not possible. That is exactly what the free assessment is for.
Legal background
Why a processing fee can be impermissible
The Supreme Court (OGH) has assessed a separately charged loan processing fee as impermissible in several proceedings against banks. Two points are at the forefront.
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Non-transparent clause
If the contract does not make clear what the fee is charged for, the clause can be non-transparent and therefore void.
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Double-charged fees
If, in addition to the processing fee, further charges are levied that are typically already covered by taking out the loan, the bank charges for services twice. In that case too, the fee can be reclaimed.
Further test proceedings are currently pending, in which it is being examined whether loan processing fees are permissible in principle. What remains decisive is always the individual contract.
Requirements
When an assessment is worthwhile
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Loan between a bank and a consumer
The loan contract was concluded as a private individual with a bank, for example for a property, a renovation or a consumer loan.
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Separately charged processing fee
The contract or the statement shows a separate processing or loan fee, often as a percentage of the loan amount.
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Open or already repaid loan
It does not matter whether the loan is still running or has already been fully repaid. Both cases can come into question.
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Older contracts too
Older contracts can also be relevant. Whether claims are time-barred in the individual case depends on the contract and is something we assess free of charge.
In brief
Reclaiming loan fees, briefly explained
Ronald Mechtler explains what reclaiming processing fees is about and how we finance your case.
Calculated transparently
How the amount awarded is divided
An example case with a loan amount of 700,000 euros and a processing fee of 4 percent. The assessment is free of charge, we bear the litigation costs. Only if successful do we retain from 35 percent of the amount awarded, the remaining amount is paid out to you.
- Loan amount
- €700,000
- Processing fee
- 4 %
- Reclaim against the bank
- €28,000
- Your payout
- €18,200
- Success fee R. M., from 35 %
- €9,800
Example calculation. The fee starts at 35 %, the exact amount depends on the effort and complexity of the case and is discussed in the initial consultation. Statutory interest may apply in addition.
Have your own loan assessedWhat you can expect from us
We accompany you through the proceedings
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Professional support
The proceedings are conducted by cooperating lawyers with experience in reclaiming bank charges.
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Experience with reclaims
We assess every claim individually and treat your enquiry confidentially.
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No financial advance
You pay no upfront payment for lawyers, regardless of whether it comes to proceedings.
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Discreet handling
We treat your documents and data confidentially and exclusively for the assessment of your case.
Frequently asked questions
Questions about loan fees
Which loan contracts qualify for a reclaim?
Loan contracts with a separately charged processing fee qualify. Whether the fee can be reclaimed depends on the specific contract, the time it was concluded and the particular clause. We assess that free of charge.
How high was the processing fee usually?
The fee was frequently charged at around four percent of the loan amount. The exact amount follows from your contract.
What does the assessment cost me?
The assessment is free of charge. You pay no upfront payment for lawyers. If successful, R. M. Prozessfinanzierung GmbH retains from 35 percent of the amount awarded, the remaining amount is paid out to you.
Who conducts the proceedings?
The proceedings are conducted by cooperating lawyers. R. M. Prozessfinanzierung GmbH is a litigation funder and not a law firm.
Until when can I assert claims?
Claims can become time-barred. Whether and from when this applies in the individual case depends on your contract. An early assessment is therefore advisable.
Why can a processing fee be impermissible at all?
A separately charged processing fee can be impermissible, among other things, when the clause is non-transparent or when, in addition to the fee, further charges are levied that are typically already covered by taking out the loan. Whether this applies to your contract depends on the specific clause and is assessed in the individual case.
Can I also reclaim a loan fee that has already been repaid or is older?
A loan that has already been fully repaid can also qualify for a reclaim. Likewise, contracts further in the past can be relevant. What is decisive is the specific clause and the question of limitation, which we assess free of charge.
In the media
Coverage in the media
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