Garanti BBVA Credit Card Annual Fee Refund Demand
I have been using my Garanti Bank Bonus Platinum Trink credit card ending in 5015. Upon reviewing my statement, I noticed a charge of ₺762.50 on June 21st for the annual card fee. I contacted customer service to request a refund and was informed that this fee is applied once a year.
According to the Consumer Protection Law (Article 31, Clause 3) enacted on May 28, 2014, card-issuing institutions must offer a credit card without any annual membership fees or similar charges. As per Article 6 of the amended Consumer Protection Law No. 4077, the membership fee charged by your bank is an unfair condition in the contract because it provides no service in return and was not negotiated as it was a pre-prepared standard contract term.
The 13th Civil Chamber’s final ruling in case 2011/4736 (2011/11579) also states that annual card fees can be refunded retrospectively under Article 125 of the Turkish Code of Obligations and HGK decision 2010/1-93-88.
I request the refund of the charged annual fees. If my request is not met, I will pursue legal action and close all my accounts with your bank.
Progress
I am using the Garanti Bank Bonus Platinum Trink credit card ending in 2015. Upon reviewing my statement, I noticed an annual card fee of 850 TL was charged on June 23rd. I contacted customer service for a refund, and they informed me that this fee is charged once a year. According to the Consumer Law Article 31, Paragraph 3, dated May 28, 2014: Card-issuing institutions are required to offer consumers a credit card that does not charge an annual membership fee or similar fees. As per Article 6 titled "Unfair Terms in Contracts" of the Consumer Protection Law No. 4077, amended by Law No. 4822, the membership fee charged by your bank is considered unfair since it is not in exchange for any service and is included in a pre-prepared standard contract, which means its content was not negotiated. According to the final decision of the 13th Civil Chamber, case number 2011/4736, decision number 2011/11579, and Article 125 of the Code of Obligations, as well as the decision number 2010/1-93-88 of the General Assembly of Civil Chambers, there is a definitive ruling that the annual card fee charged retroactively must also be refunded. I request that the charged fees be refunded to me. Otherwise, I will take legal action and declare that I will close all my accounts with your bank.
