Questa è una versione PDF del contenuto. Per la versione completa e aggiornata, visita:
https://blog.tuttosemplice.com/en/account-and-mortgage-how-to-dispute-extra-fees-and-costs/
Verrai reindirizzato automaticamente...
Purchasing a home with a mortgage is a significant step, often accompanied by the bank’s request to open a dedicated checking account. While this practice may seem like a formality, it can hide additional costs and non-transparent conditions. It is crucial to know that, in Italy, the law protects consumers from unfair commercial practices, including the imposition of a checking account to grant a loan. This article offers a comprehensive guide to recognizing and effectively disputing illegitimate charges, combining tradition and innovation in managing your relationship with credit institutions.
Understanding your rights is the first step toward a more balanced relationship with your bank. Italian and European regulations are clear: tying the granting of a mortgage to the opening of a checking account at the same institution is an unfair commercial practice. This means the customer has complete freedom of choice and can decide to use an existing account at another bank for the direct debit of their payments. Knowing these rules allows you to approach negotiations with greater confidence and not be subjected to unjustified impositions that can burden the family budget for years.
Many credit institutions propose opening a checking account at the same time as a mortgage application, justifying it as a technical necessity for managing payments. Although it may seem like a convenient solution, this practice often conceals cross-selling purposes, i.e., selling accessory products. The proposed checking account may have high management costs, monthly fees, transaction commissions, and other charges that add to the total cost of the mortgage. It is a strategy that, while widespread, limits consumer freedom of choice, pushing them to accept a complete package without evaluating more convenient alternatives on the market.
This habit, rooted in traditional banking culture, clashes with a growing demand for transparency and flexibility from customers. Digital innovation has expanded the available options, with zero-fee online accounts representing a valid and economical alternative. The awareness that you are not obliged to accept the bank’s offer is essential to avoid unnecessary costs and to manage your savings more efficiently, clearly separating the mortgage contract from the checking account contract.
Italian law, in line with European directives, is explicit in protecting consumers. Article 21, paragraph 3-bis, of the Consumer Code defines as “unfair” the commercial practice of a bank that requires a customer to open a checking account to enter into a mortgage contract. This provision, introduced to ensure greater freedom of choice, has been repeatedly reaffirmed by the Italian Competition Authority (AGCM), which has sanctioned several credit institutions for this type of behavior. The AGCM has emphasized how this practice considerably limits consumer freedom, forcing them to accept a product without being able to evaluate other options.
The Organismo Agenti e Mediatori (OAM – Agents and Brokers Body) has also clarified that credit brokers must not propose mortgages that tie the loan disbursement to the mandatory opening of a checking account. The law allows for bundled products to be offered, but only on the condition that the mortgage contract is also available to the consumer separately. This reinforces the customer’s right not to be subjected to impositions and to freely choose where to domicile the mortgage payments, which can also be made via bank transfer or payment slip.
The first step to disputing unjustified costs is to carefully analyze the contractual documentation. It is essential to read the mortgage contract, the European Standardised Information Sheet (ESIS), and the checking account’s information sheets. These documents contain all the economic conditions, including processing fees, appraisal fees, management fees, and various commissions. Paying attention to unclear cost items or clauses that tie the mortgage to the account is crucial. Comparing the indicated APR (Annual Percentage Rate) with the costs actually charged can reveal significant discrepancies.
A practical example is a customer who is offered a zero-fee account for the first year, which then undergoes considerable increases in subsequent years. Alternatively, the bank might justify opening the account as a requirement to obtain favorable interest rate conditions, but overlook that the customer has the right to close that account at any time, even if it means losing the benefits. In these cases, it is possible to initiate a dispute procedure to assert your rights and, if necessary, obtain a refund of unfairly charged amounts.
If you find anomalous charges or believe you are a victim of an unfair practice, the first formal step is to file a written complaint with the bank. This can be done via certified mail with return receipt, certified email (PEC), or by filling out the forms available on the institution’s website. It is important to describe the problem clearly and in detail, attaching all useful documentation (contracts, bank statements, communications). The bank has 30 days to respond. A lack of response or an unsatisfactory one opens the way for further action. Many problems, such as unjustified charges or delays, can be resolved at this stage.
The story of Luigi, a customer who was denied the closure of his mortgage-linked checking account due to cost increases, is a case in point. After receiving a negative response from the branch, a formal notice was enough to make the bank reconsider its position, allowing the account to be closed and the payment debits to be transferred. This shows how a decisive and informed action, based on knowledge of one’s rights, can lead to a quick resolution of the problem, without necessarily having to initiate more complex procedures.
If the complaint to the bank does not yield the desired result, you can turn to the Banking and Financial Arbitrator (ABF). This is an out-of-court dispute resolution system, independent and impartial, supported by the Bank of Italy. The ABF offers a simpler, faster, and cheaper procedure than a court case. The appeal can be filed online, upon payment of a €20 fee, which is refunded if the case is won. You can appeal to the ABF within 12 months of filing the complaint, for claims up to €200,000 or for the ascertainment of rights and obligations without a monetary limit.
The ABF decides according to law, and its decisions, although not as binding as a judge’s ruling, are almost always respected by intermediaries to avoid having their non-compliance published on the Arbitrator’s website. This tool represents an effective middle ground between the tradition of direct dialogue with the bank and the innovation of an alternative justice system designed for the consumer. Relying on professionals experienced in banking law can increase the chances of a successful appeal.
Once it is clear that there is no obligation to maintain a checking account with the lending bank, several practical alternatives open up. The simplest solution is to use an existing checking account at another credit institution for the mortgage payments. This allows you to centralize the management of your finances and choose the most convenient account based on your needs, such as a zero-fee online account. You just need to provide the new IBAN to the bank that issued the mortgage to change the payment domiciliation.
Alternatively, you can pay the monthly installments via bank transfer or payment slip. Although this requires constant attention to meet deadlines and avoid late fees, this option guarantees maximum independence from the bank. It is important to know that choosing an alternative payment method or an account at another bank cannot be a reason to hinder a future mortgage refinancing. The consumer’s freedom of choice is a core principle that must always be protected.
Addressing the issue of fees for a mortgage-linked checking account requires an approach that balances knowledge of traditional banking with the opportunities offered by regulatory and digital innovation. Knowing that the obligation to open a checking account with the lending bank is an unfair and illegal practice is the first, fundamental step to protecting your interests. The consumer has the right to freely choose how and where to pay their mortgage installments, without incurring unjustified additional costs.
Carefully analyzing contracts, not hesitating to file a formal complaint, and, if necessary, resorting to the Banking and Financial Arbitrator are concrete actions that every citizen can take. This path, which combines firmness in defending one’s rights with the search for flexible and innovative solutions, not only saves money but also helps build a more transparent and balanced relationship with credit institutions. In a constantly evolving financial world, being an informed and aware consumer is the best guarantee for the future.
No, it is not mandatory to open a checking account with the same bank that grants your mortgage. Italian and European regulations consider this bundling an unfair commercial practice that limits consumer freedom. You have the legal right to use an existing account at another institution for the direct debit of your loan payments without facing penalties or unjustified refusals.
To dispute these charges, start by analyzing your contract and the European Standardised Information Sheet to confirm the costs were not transparently disclosed. Submit a formal written complaint to the bank via certified email or registered mail detailing the issue. If the bank fails to respond satisfactorily within 30 days, you can file an appeal with the Banking and Financial Arbitrator for a low fee.
Yes, you can choose to pay your mortgage installments using an account at a different bank. You must provide your lender with the new IBAN to update the payment domiciliation. While the bank might suggest the internal account is necessary for technical reasons, the law ensures your freedom to choose the most convenient payment method, including bank transfers or payment slips.
The Banking and Financial Arbitrator is an out-of-court dispute resolution system supported by the Bank of Italy. It offers a faster and cheaper alternative to lawsuits for resolving disputes up to 200,000 euros. It is particularly effective for challenging unfair commercial practices, and while its decisions are not binding like a court ruling, banks almost always comply to avoid reputational damage.
Generally, closing the account should not affect your mortgage, as tying the two products is often considered an unfair practice. However, if your contract explicitly stated that a lower interest rate was conditional upon maintaining the account, you must verify if closing it triggers a rate adjustment. Even in this case, you retain the right to close the account, though you might lose that specific promotional benefit.