When carrying out certain banking operations, we are used to being charged all kinds of commissions. In most cases, especially if they are a small percentage, we usually accept this charge without going around too much and with the resignation of “it is what it is”. However, what about cases like cash receipts?
Carrying out a cash deposit operation in a third-party account is an operation that has been losing weight with the facilities provided by transfers and tools such as Bizum, but, even if they are residual, they still generate good commission profits for banks.
Illegal to charge commission for cash deposit
If you have ever gone to make a cash deposit in a bank account that is not yours, that entity has probably informed you that you had to pay a commission for this deposit.
Virtually all entities charge or have charged commissions to non-customers who deposit money at their windows, with variable amounts that can reach 10 euros, as in the case of Banco Santander. Kutxabank charges 7 euros; Caixabank Liberbank, Laboral Kutxa and Caja Rural del Sur 6 euros; Banco Sabadell, Abanca and Deutsche Bank 5 euros; Ibercaja 4.80 euros; BBVA, Unicaja and Cajamar 3 euros and Bankinter and Caja Rural de Soria 2 euros.
However, according to data from Spain, the bank should not charge you any commission for this operation. The deposit of cash is considered a service that falls within the cash service inherent to the account contract. This cash service obliges the credit institution to accept collections and cash payments charged to the account.
Until recently, the Bank of Spain considered that if, in addition to the cash deposit itself, the operation goes further and, for example, the payer wishes to record the concept of the deposit, the entities are providing an additional service, which qualified to charge a commission. However, the Supreme Court in ruling no. the incorporation of additional information in the “concept” field of the operation.
The OCU requests its elimination
The Organization of consumers and users He has been asking for the elimination of these commissions for some time instead of charging them and having to claim them later. To do this, they rely on two other court rulings in this regard with which they want the regulations to be clearer.
- The Commercial Court No. 1 of Vitoria (September 10, 2017) considered that the collection of this commission is abusive whether or not the concept or additional information about the income is included in the receipt.
- The Provincial Court of Álava (February 7, 2022) has confirmed that charging a commission for depositing cash at the window by the non-holder constitutes an abusive practice and therefore null and void.
“At a time when the actions of banking entities with respect to the most vulnerable groups of users, mainly the elderly, are in question, the collection of this commission is incomprehensible, which has also already been declared abusive”
