FS-2650/2014-ODE
ECLI:DK:ODE:2022:FS0000000087
AI generated
Court dismisses claim for 37% late fees as excessive and contrary to consumer protection law.
Denmark (DK)
Legislator summary
AI generatedThe court dismissed the creditor's request to recover 37% late fees from the consumer. The creditor argued that the high rate reflected the risk of non-payment, while the consumer contended it was unreasonably high. The court ruled that such rates violate consumer protection standards and are therefore not enforceable.
Legislator headnote
AI generatedConsumer Protection Act; Unfair Contract Terms Act: Excessive late fees exceeding statutory limits are deemed unfair and unenforceable against consumers.
Keywords
AI generated
excessive late fees
consumer protection law
unfair contract terms
interest rate cap
creditor liability
Related Decisions
AI generatedFS-5720/2018-HOL
Court dismisses claim for 150% interest due to lack of justification and unlimited duration.
BS-918/2014-OLR
Land's Court dismisses request to remit case, ruling explanation for 37% late fee not required before enforcement.
FS-1177/2012-ROS
Payment claim dismissed due to prior interest ruling; creditor's cited case involves different credit relationship.
FS-11882/2018-ARH
Claim dismissed for accrued interest on expired debt portion due to statute of limitations violation.
BS-34683/2022-ESB
Court dismisses claim for property purchase agreement due to lack of binding offer acceptance in SMS. Verdict: dismissed.
Full text
Sag om, hvorvidt Kreditor ApS havde hjemmel til at opkræve morarente på 37 %