What is an intervention commission?
Definition of the intervention commission or forcing costs
The intervention commission, also called forcing costs, corresponds to a amount taken by the bank when it agrees to carry out a transaction (payment by card, transfer, check, etc.) in the event of a bank overdraft. It is one of the ten services that each bank must place at the top of its price leaflets and on its website.
In other words, it pays for the bank’s analysis and decision to exceptionally authorize a payment resulting in an excess of the authorized overdraft or an unforeseen debit balance.
Cases in which the commission is charged: bank overdraft
The commission is charged as soon as a customer’s account is overdrawn or as soon as the amount of his authorized overdraft is exceeded. Banks can collect it for each bank card payment presented when the account is insufficiently funded, or during a transfer or direct debit accepted despite a negative balance.
Customer information and collection time
Since January 1, 2016, the bank has an obligation to provide prior informationat least 14 days before collection commissions. In practice, this means that the costs linked to a payment incident are only debited approximately one month after their discovery, in order to guarantee transparency and allow the customer to anticipate the regularization of their situation.
Why does the bank charge an intervention fee?
Cover bank intervention costs
The commission is charged for pay for the service rendered during an incident. When a customer makes a transaction without having the funds, the bank must review the situation. This analysis involves a personalized study (human intervention) and a risk of non-reimbursement.
Compensation of costs in the event of irregularities and incidents
Concretely, this commission covers financial risk incurred by the bank when it authorizes a payment despite an insufficient balance and the processing cost linked to the analysis of the account and the authorization decision. Thus, it does not directly pay for the overdraft, but for the decision-making process allowing an uncovered transaction to be accepted.
Legal framework and customer protection
To avoid abuse, the amount of the intervention commission is strictly capped by regulation (article R.312-4-1 of the Monetary and Financial Code). Banks are also required toinform the customer before collection fees, at least 14 days before the debit date, in order to ensure transparency and allow the customer to regularize their situation.
Do we pay an intervention commission on an authorized overdraft?
No intervention commission
The intervention commission is not billed when a customer simply uses their authorized overdraft. As long as the operations carried out remain within the limit of the overdraft agreed with the bank, no incident is noted: the account is in debt, of course, but with the prior agreement of the bank.
Overdraft authorization and agios or interest charges
On the other hand, the use of the authorized overdraft results in the payment of agios, that is to say debit interest calculated on the amount and duration of the overdraft used. These fees pay for the service of providing funds by the bank and are specified in the account contract or the overdraft agreement.
On which accounts does the intervention commission apply?
On deposit accounts
The intervention commission only applies to demand deposit accounts, i.e. current accounts used for daily operations (transfers, withdrawals, payments, collections). It is taken directly from the account affected by the incident, when the bank accepts or refuses a transaction even though the balance is not sufficient.
Not applicable to savings accounts
On the other hand, the intervention commission never applies to savings accounts (Livret A, LDDS, PEL, CEL, etc.), because these accounts cannot be overdrawn. No payment can be made without funds: regulations prohibit a negative balance from appearing.
Invoicing linked to the management of payment incidents
The intervention commissions therefore concern individuals and professionals alike as long as they have a current account. They can be billed to an individual account, to a joint account or to a professional account, according to the same principles. Each commission corresponds to a one-off intervention by the bank.
What is the cap on intervention commissions?
Intervention commissions and TEG
Whether or not intervention commissions should be included in the calculation of the overall effective rate (TEG) of an overdraft has been the subject of debate. In a judgment of July 8, 2014, the Court of Cassation considered that these are not agios, invoiced for each irregular transaction. As a result, the commissions are not included in the calculation of TEG.
Ceiling of intervention commission costs
Since 2014, there has been a legal ceiling (law no. 2013-672 of July 26, 2013) to avoid unpleasant surprises. The law imposes a ceiling on fees (amount in euros per transaction) for individuals not acting for professional purposes. This limit is eight euros per operation and 80 euros per month (maximum).
For customers (decree no. 2014-738 of June 30, 2014) with the specific offer reserved for vulnerable people or the right to an account (official designation of a bank to open a deposit account for an individual), these fees are reduced to four euros per operation and 20 euros per month (maximum).
Other costs to expect
Intervention fees are not the only fees charged by banks. Fees may be added in the event of check or direct debit bounced :
- 30 euros in the case of rejection of a check for an amount less than or equal to 50 euros;
- 50 euros for a check for more than 50 euros;
- 20 euros for an incident due to another means of payment (direct debit, transfer, etc.).
Exception for online banks
Online banks are distinguished from traditional establishments by a more advantageous pricing policy, particularly in terms of incident fees. Often, they do not charge intervention commissionswhich constitutes a strong commercial gesture to attract customers.
Thus, Monabanq remains one of the rare online banks to still apply this type of fee, while players like Boursorama Banque, Hello bank!, Fortuneo, ING (until its gradual closure) or BforBank do not charge them.
How to contest an intervention commission?
The challenge to intervention commissions is based on the principle according to which the bank must justify the validity of the fees charged. When a customer believes that a commission has been charged incorrectly or in contradiction with regulations, they can initiate a multi-step complaints procedure.
Request reimbursement of intervention commissions
When a customer considers that intervention commissions have been unduly invoiced to him, he can request their reimbursement by contacting his account manager. It is advisable to mention the precise dates of the transactions concerned and to attach a supporting account statement. Often, an amicable agreement can be reached quickly.
Make a written complaint to the agency management
If no satisfactory response is given, the complaint must be formalized by mail registered with acknowledgment of receipt addressed to the director of the agency. This letter must remind:
- the disputed dates and amounts;
- legal or contractual reasons (exceeding the legal ceiling, unjustified costs, lack of prior information, etc.);
- and the explicit request for reimbursement.
The bank has a maximum delay of 30 days to answer.
Call the banking mediator
In the event of refusal, the customer can contact the banking mediator. Each establishment has its own mediator, whose contact details appear on the bank’s website or in the account statements. The referral is free. He has 90 days to provide an opinion, which is generally independent and fair.
In the event of a persistent dispute
If mediation fails, the client can still report the situation to the DGCCRF (Directorate General for Competition, Consumer Affairs and Fraud Control) or, as a last resort, go to court competent. In this case, it is advisable to seek assistance from a consumer association.
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