Bank changes the terms: do you have to agree to every change?

Banks often change terms and prices by notice with the clause that your consent is deemed given if you do not object (deemed consent). Under case law, this blanket method is not simply valid for substantial changes, such as new fees.

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Your chances of getting your money back

A mere deemed consent ('silence counts as consent') cannot, under case law, carry every contract change, in particular not the introduction or increase of fees. Such changes often require your active agreement.

If you never actively agreed to a fee, you can reclaim wrongly charged fees. Object to the change and demand reimbursement.

What you should do now

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1. Check the notice
What is it about, a pure clarification or a substantial change like new fees? The latter are critical.
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2. Object
Object to the change on time if you do not accept it, and state that you do not agree to any fee increase.
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3. Reclaim fees
If fees were charged without a valid basis, demand reimbursement with a deadline.
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4. Use arbitration
In case of a dispute you can turn to the arbitration body (ombudsman).

How to spot the scam

New or higher fees are introduced only via deemed consent.
It is suggested that you simply have to 'accept' the change.
An objection immediately leads to a threat of cancellation.

Frequently asked questions

Does my silence count as consent to a terms change?

Not for everything. Under case law, a blanket deemed consent cannot carry every change, especially not the introduction or increase of fees. Such substantial changes generally require your active agreement.

Can I reclaim wrongly charged fees?

Yes, if the fee was introduced only through an invalid deemed consent and you never actively agreed to it. Compile the amounts and demand reimbursement in writing with a deadline.

What happens if I object?

The existing contract continues to apply for now. The bank may, under certain circumstances, cancel it ordinarily on its part, but may not force you to agree. In case of a dispute, the arbitration body (ombudsman) helps.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.