Question 1

Can I reclaim my processing fee?

Accepted Answer

In many cases, yes. The fee is unlawful above all if it grossly exceeds the bank’s actual workload or the clause is not transparent. Our partner law firm checks free of charge whether this applies to your contract.

Question 2

Why are these fees unlawful?

Accepted Answer

In 2025 the Supreme Court (OGH) ruled that processing fees far exceeding the bank’s workload are grossly unfair (gröblich benachteiligend). It also struck down fees set as a percentage of the loan amount with no upper limit.

Question 3

Do you always win?

Accepted Answer

No. It depends on the individual contract, and not every fee is unlawful. That is why the partner law firm checks your contract first. Padronus bears the cost risk in every case.

Question 4

How far back can I claim?

Accepted Answer

According to the prevailing view, up to 30 years from payment of the fee, which is usually when the loan was paid out. This has not been finally settled yet, so it is worth not waiting too long.

Question 5

My loan is already paid off. Does it still work?

Accepted Answer

Yes. The claim arises when the fee is paid and remains, even if the loan was paid back long ago.

Question 6

I refinanced or repaid early. What applies?

Accepted Answer

You can still reclaim the fee from the old contract. With refinancing, the old and the new contract are checked separately.

Question 7

How much will I get back?

Accepted Answer

The fee was usually 1 to 4% of the loan amount. For a home loan of €150,000 with a 3% fee, that is €4,500. After deducting the 35% success commission, you keep €2,925 of that, plus your share of the interest.

Question 8

Do I also get interest?

Accepted Answer

Yes, in principle 4% statutory interest. Courts sometimes only award it for the last three years before the lawsuit, because older interest can become time-barred (verjährt).

Question 9

Which loans are affected?

Accepted Answer

Home and mortgage loans, consumer loans, credit lines and building society loans (Bauspardarlehen), as long as a processing fee was charged. State housing loans (Landesdarlehen) are not covered.

Question 10

Which banks are affected?

Accepted Answer

There are rulings against BAWAG, WSK Bank, Santander Consumer and UniCredit Bank Austria, among others. But contracts from almost every bank can be affected, because what matters is your individual contract.

Question 11

Does it matter whether the fee was charged as a percentage or as a fixed amount?

Accepted Answer

Both are checked. The Supreme Court has ruled percentage fees with no upper limit unlawful. With fixed amounts, it depends on whether they are too high compared with the bank’s workload.

Question 12

Which costs can I not reclaim?

Accepted Answer

Third-party costs such as land register (Grundbuch) and registration fees, notary, trustee or cash expenses. This is about the bank’s processing fee.

Question 13

We took out the loan together. What now?

Accepted Answer

Then all borrowers take part together. After you sign up, the other borrowers get their own link for their power of attorney.

Question 14

I can’t find my loan agreement any more. What should I do?

Accepted Answer

You can ask your bank for a free copy. For the first check, the page of the contract that shows the fee is enough.

Question 15

Will the bank terminate my loan if I reclaim the fee?

Accepted Answer

No. Reclaiming the fee is no reason to terminate the loan. Your loan stays exactly as it is.

Question 16

What does it cost me?

Accepted Answer

Nothing. Padronus bears all lawyer and court costs. Only if successful does 35% of the proceeds go to us. If we lose, you pay nothing.

Question 17

Which documents do I need?

Accepted Answer

Your loan agreement, most importantly the page with the fee, and an ID. Phone photos are enough.

Question 18

How does it work and how long does it take?

Accepted Answer

You sign up in two minutes, the partner law firm checks your contract and reclaims the fee from the bank. An out-of-court agreement can be reached after a few weeks; court proceedings usually take several months to over a year.

Question 19

Can’t I just claim it from the bank myself?

Accepted Answer

You can try. But many banks do not pay voluntarily without a lawsuit, and your own lawsuit means your own cost risk. With Padronus you do not bear this risk.

Question 20

The borrower has died. Can the heirs claim?

Accepted Answer

In principle yes, the claim passes to the heirs. The partner law firm checks who can assert it.

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