Due to the high interest rate environment and economic fluctuations, "restructuring" (refinancing) stands out as a life-saving solution for consumers who have difficulty paying their loan or credit card debts. However, citizens demonstrating a willingness to pay their debt face an unexpected cost at the bank's branches or digital screens: exorbitant amounts collected under the names of "file expense," "intelligence fee," "restructuring commission," or "restructuring allocation fee." A large portion of these fees cut by banks from squeezed consumers with the thought that "they will accept it anyway" is contrary to the law. In this article, we put the legal dimension of these unjust expenses charged by banks during restructuring and how you can recover your money through legal means under the spotlight.

Law No. 6502 on the Protection of Consumers and the Regulation on Procedures and Principles Regarding Fees to be Collected from Financial Consumers published by the Banking Regulation and Supervision Agency (BDDK) have drawn the boundaries of the fees that banks can request from consumers. When I analyze consumer law legislation and the settled jurisprudence of the Court of Cassation as a law student, I encounter a very clear rule: Banks must prove that this service is mandatory, reasonable, and documentable in order to request a fee in return for a service they offer to the consumer. In restructuring transactions, the bank's deduction of exorbitant amounts exceeding 1% or 2% of the debt amount under the name of "intelligence fee" or "restructuring commission" by merely giving a systemic approval is explicitly contrary to the principles of "unfair term" and "proportionality" in the law.

Which Expenses are Unlawful, Which Ones are Within Legal Boundaries?

The file expense (loan allocation fee) that can be legally collected in consumer loans is limited to 0.5% (five in a thousand) of the principal loan amount drawn or restructured. For example, the maximum legal loan allocation fee that can be collected from you in a loan restructuring of 100,000 TL is 500 TL. Every single penny collected above this is an unjust enrichment, regardless of whether its name is "intelligence fee," "restructuring commission," "pledge removal fee," or "file expense." Furthermore, it is also possible to recover the life insurance and personal accident insurance policy fees made mandatorily without obtaining the explicit consent and written/digital approval of the consumer. Even if the consumer signed the contract put in front of them just to restructure their debt, pursuant to Article 5 of the Consumer Law, these clauses are deemed "unfair terms" and are absolutely void.

"The exorbitant amounts deducted by banks under the name of 'commission' or 'intelligence' by turning the debt restructuring crisis into an opportunity are legally unfair terms even if the contract has been signed, and their retroactive return is mandatory."

3 Steps to Follow to Recover Unjust Deductions

When you realize that the bank has made an unjust deduction from your account or from the new restructured debt amount, the legal process you need to follow is quite practical: 1. Notice / Application: First, apply to the relevant bank with a written petition or customer service record, requesting "a detailed breakdown of the expenses deducted during restructuring and the return of unjust amounts exceeding the 0.5% legal limit." 2. Obtaining Receipt and Payment Plan: In case of a rejection response or no response from the bank, obtain the restructuring contract, the new payment plan, and the receipt showing the deduction. 3. Application to the Consumer Arbitration Committee: If the unjust amount deducted falls within the monetary limits of the Consumer Arbitration Committee, which can be applied for in seconds via e-Government (in line with the limits updated every year), make your application via e-Government (TÜBİS) with a request for an examination by expert arbitrators. The decisions of the arbitration committee have the nature of a court judgment, and the bank is obliged to return this money with interest.