There must be some distinction made between the different products marketed by the Banco Popular, for example, all those people who have a floor clause in their mortgage loan or whether they were asked to pay all the costs of the loan. If this is the case, then those that bought in to the product, would be able to go up against Banco Popular or Banco Santander, depending on whether the former disappears and ceases to have legal personality or not, etc.
Therefore, in general terms, all those consumers or those affected that have initiated or wish to initiate legal action against the bank, will be able to carry on.
Banco Popular Shareholders: The main losers, as a result of what happened to Banco Popular, are its shareholders, who have seen how their shares, no longer have any value.
For them, it is possible to claim against the bank, especially those who invested and subscribed shares, for example in the capital increase of 2016, since it could be argued and bearing in mind that actual situation; that the information offered by the entity at that time did not faithfully represent their real situation. Apparently the bank refused to redo its accounts in April 2016, which could have been motivated for its intention to hide its real situation and give a solid image that did not correspond with reality.
Banco Popular Bonds.
There are also many consumers and small investors who have been affected by the Banco Popular Convertible Bonds.
In these cases, it appears that the entity did not inform the buyers clearly, accurately and comprehensively about the nature and risks of the product, presenting it as a safe investment, when in fact it was a risk product, which has led to its owners losing all the invested money. The holders of these bonds, with the recent events and now having shares with no value, have lost everything, as the bonds were compulsory exchanged for shares.
Deadlines to complain:
In principle, if the civil action to be presented is based on a defect of consent, that is, that the product was bought because the entity did not give complete and truthful information about the risks, etc., the deadline to claim will be four years from the knowledge of the error.
On the other hand, if the claim is based on the Securities Market Law, and in the absence omission or inaccuracy of relevant information on the leaflets or prospectus, the deadline to claim is three years from the knowledge of the inaccuracy of the information.
If you have lost what you invested in Banco Popular, contact us and we will help you.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel:+34 966 426 185
E-mail: info@white-baos.com
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