Banking entities often use special promotions to attract customers and, although at first glance they may seem like a great opportunity to get bonuses or other advantages, they can end up faces due to the requirements they demand or, even, due to the bad practices of the company. This is what happened to A marriage from Malaga that, thanks to Facua’s help, have been able to reverse the situation and recover more than a thousand euros.
As the consumer organization has announced in a statement, they have managed to get some some 1,194.34 euros that were charged as penalty for taking their pension plan to another bankwith the argument that they had breached the commitment to permanence.
This couple, neighbor of a municipality of the Malaga Axarquía, took advantage of a promotion made by Cajamar to transfer their pension fund to this banking entity in December. Being an amount exceeding 35,000 euros, they would benefit from a bonus of 1,194.34 euros. However, to perceive this money they had to fulfill a permanence commitment of five years. The bank fulfilled what was agreed, and just a month after the firm, the marriage received 1,194.34 euros agreed.
At the end of December 2023, days after the five years of permanence, this coupleFacua Málaga partner, He decided to transfer his pension plan to Bankinter. His surprise arrived on December 28 when they saw in their bank account a Cajamar position of 1,194.34 euros In concept of “Commission Failure Promotion Gifts”.
Cajamar appealed to a different date of permanence
As Facua Málaga describes, Cajamar penalized marriage for, supposedly, not having respected the five years of the commitment to permanence. The couple, after receiving this charge, went to the bank, since the permanence had expired on December 13 and they had requested the change to Bankinter on December 19, several days later.
Although they were hope that it was an error, the bank replied that, in their day, They had to be informed of a document called “request for commitment to permanence”, in which a different date appeared. But the reality is that the marriage had no record of the document that they had just shown and, in addition, this was not even signed by them.
Given this scenario, the marriage went to Facua Málaga, whose legal team sent a letter to the bank customer service in which he denounced that had committed an abusive practice With this marriage, having not offered all the information at the time of the firm.
In this regard, the organization indicates that article 8 of Law 4/2022 on the protection of consumers and users in situations of social and economic vulnerability, makes it clear that it is a basic right “the protection of its legitimate economic and social interests; particularly in the face of unfair commercial practices and the inclusion of abusive clauses in contracts ”. This right, says Facua, was “obvious” that it had been violated by the company.
Therefore, in the letter sent, Facua Málaga claimed the reimbursement of 1,194.34 euros that had been charged to the couple, since the document with which the bank had tried to justify the breach of the signed contract never showed those affected and, therefore, they never signed. In it, they also warned the entity that “any type of administrative or judicial route” were reserved.
However, it was not necessary to reach these roads, since Cajamar responded in June 2024, attending the claim and proceeding to return to the marriage 1,194.34 euros corresponding to the commission that had been charged irregularly.