 |
 |
Most of the banks in Turkey charge their customers something they call ‘hesap isletim ucreti’, which means a periodic fee for maintaining any checking account which has no automatic payment orders attached to it. They do the same with credit cards, calling the charge an ‘annual membership fee’. Neither of these fees are legal, and there are many precedents to support a bank customer who challenges these payments.
Clause 24/4 of the Turkish Bank Cards and Credit Cards Code (no. 5364) states:
“In any event or under any circumstance the owner of the a bank card cannot be demand to pay any sum under the name of fees, commissions or costs est. which are not written in the contract and these charges can neither be deducted from the owners account .Under the contract a clause can not cause significant imbalance in the parties rights and obligations detriment of the consumer.”
Furthermore, Clause 6 of the Consumer Act (no.4077) states:
“In the condition of the consumer being tied to the standard form contract unfairly without any negotiations resulting the detriment of the consumer in unbalance way which would be deeming against the good faith principle is determined as unfair terms. Such terms will have no effect on the consumer.”
So, why do banks continue with this illegal trade? The answer is simple. Consumers are unaware of their rights. It seems unlikely that they actually wish to donate hard earned funds to their bank. The sums may be relatively small but they add up to millions in unfairly extracted fees.
We recommend that, as a cost-conscious consumer, you ask your bank what charges they make before opening an account or starting a credit card. There are banks out there who don’t operate that way, and we suggest that you deal with them.
Should you already hold a checking account or credit card for which fees are taken, you should take these steps:
- Write a formal letter to your bank, requesting return of the monies charged. Send it by Registered Post at the PTT so that you have a record of their having received the letter. Cite precedents in the letter where possible.
- should the bank refuse to return your money, and then you may apply to the Turketici Sorunlari Hakem Heyeti “Consumer Arbitration Committee” which deals with consumer concerns. This application is free of charge. Hand your application in to “Consumer Arbitration Committee at the address of the “Cumhurriyet Cad. Vakıf İşhanı Kat: 7 Antalya.”
The formal letter to submit to the Bank for reclaiming your credit card annual membership fee
The Precedent
The Turkish Commercial Code has been in force since 1957. For the last 55 years; the economic, financial, social and political changes in the World ... Written by ceydaYG Law Office Read more
The Amendments on the notification law, numbered 27820 entered into force by being published in the Official Gazette dated 19.01.2011. There has bee... Written by ceydaYG Law Office Read moreThe Flat Ownership Act numbered 634 regulates the rules on the building managements. The expats who owns property in Turkey may have hard time to deal... Written by ceydaYG Law Office Read more
Those public institutions and professional organizations that qualify as public institutions are obliged to give information requested by anyone wit... Written by ceydaYG Law Office Read more
The laws regarding buying or selling a vehicle in Turkey were amended on the last day of 2009. Before then the vendor and purchaser declared ... Written by ceydaYG Law Office Read more
A brief summary of the facts of the case: Mr. A purchased a new Toyota Auiris, selling it on to Mr. B three months later. Mr. B finds th... Written by ceydaYG Law Office Read more
If you made a contract with a GSM operator on the service of mobile interment for 18 or 24 months and if you decide to terminate your contract... Written by ceydaYG Law Office Read more
Under Turkish law, the legal status of all consumer-related transactions is governed by the Consumer Protection Law. This legislation is the m... Written by ceydaYG Law Office Read more
Say you’ve bought goods on the internet, but when they arrive they are not as ordered, or the parcel is empty. What do you do?
... Written by ceydaYG Law Office Read moreThis article offers factual and practical information on how to obtain a mortgage with which to buy residential properties in Turkey.
Non Turki... Written by ceydaYG Law Office Read more
Most of the banks in Turkey charge their customers something they call ‘hesap isletim ucreti’, which means a periodic fee for maintaining ... Written by ceydaYG Law Office Read more
As part of the move towards integration with European Union law, the “Improvement on the Investment Conditions Reform Program in Turkey” ... Written by ceydaYG Law Office Read more
The Turkish Civil Code permits the use of Wills or Testaments which have been deposited in a foreign country to be enforced by Turkish Courts, and... Written by ceydaYG Law Office Read more
Purchasing a property in Turkey may be more complicated than in your own country, however we can smooth this process for you, making sure that you... Written by ceydaYG Law Office Read more
Conducting business in Turkey or managing your personal affairs such as purchasing a property may be more complicated than in your own country, pa... Written by ceydaYG Law Office Read more
|
