Garanti BBVA Credit Card Annual Fee Refund Demand

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June 22, 2024 1:44 pm
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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.

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Progress

June 24, 2024 8:38 am

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.

June 22, 2024 1:26 pm

I would like to submit a request for the refund of the annual fee for my Garanti Bank Bonus Platinum Trink credit card. An annual card fee is being charged on my Bonus credit card, which starts with 5549 and ends with 5015. I request the cancellation of the card fee of 762.50 TL reflected in my June 2024 statement. I demand the cancellation of this fee in accordance with the provisions of the law mentioned below, without any additional conditions.

“Consumer Law Article 31, Paragraph 3, dated May 28, 2014: The card-issuing institutions are obliged to offer a type of credit card to consumers for which no annual membership fee or similar charges are collected. According to Article 6 of the Law on the Protection of Consumers No. 4077, amended by Law No. 4822, the membership fee charged by your bank is an unfair term since it is not in return for any service, and this contract term is considered unfair as it is pre-prepared and included in a standard contract without being subject to negotiation.”

“According to the final decision of the 13th Civil Chamber with case number 2011/4736 and decision number 2011/11579, and pursuant to Article 125 of the Code of Obligations and the decision of the General Assembly of the Court of Cassation numbered 2010/1-93-88, it is definitively ruled that the annual card fees charged retroactively will also be refunded.”

I request that all collected fees be refunded to me. Otherwise, I will apply to the Consumer Arbitration Committee.

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