My Credit Card Was Charged Unfair Fees by İş Bankası and I Want a Refund Now

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August 27, 2024 2:13 pm
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On August 26, 2024, a total of ₺735.69 was deducted from my credit card ending in 8901 as follows: ₺487.14 as the annual membership fee, ₺224.19 under the name of interest charges, and ₺24.36 under the name of Banking and Insurance Transactions Tax (BITT). I request the cancellation of these fees in accordance with the legal provisions mentioned below, without any additional conditions.

According to Article 31, Paragraph 3 of the Consumer Law No. 6502 dated May 28, 2014, card-issuing organizations are required to offer consumers a type of credit card that does not charge an annual membership fee or similar fees. Under Article 6, titled "unfair terms in contracts," of the Consumer Protection Law No. 4077, as amended by Law No. 4822, the membership fee charged by your bank is an unfair term, as it does not correspond to any service provided. This contractual term was pre-drafted and was not negotiated, especially as it was included in a standard contract.

According to the final decision given by the 13th Civil Chamber of the Court of Cassation (Case No. 2011/4736, Decision No. 2011/11579), it has been definitively ruled that the annual card fees must be refunded retrospectively under Article 125 of the Code of Obligations and the General Assembly of Civil Chambers' Decision No. 2010/1-93-88.

Based on these laws and regulations, I request that the deducted fees be refunded to me and that the membership fee be canceled and refunded to my account within the day. Otherwise, I will file a complaint with the Consumer Arbitration Committee and, if my grievance is not resolved, I will apply to your bank to cancel my card and accounts. I kindly request that the necessary actions be taken.

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