Dear Readers,
IN today’s article, we have to inform you that the General Council of the Spanish Judiciary (CGPJ) announced on June 27, 2018, that it has decided to extend for another six months, (that is, until December 31 2018), the emergency plan, which was approved more than a year ago, in relation to claims before the courts, presented by consumers relating, among others, to mortgage floor or suelo clauses.
Therefore, unfortunately, it is still necessary, in order to claim for the return of overcharged interest by the bank, (due to a floor clause), to go to the special court that was designated for each province.
Thus, for example, in the Valencian Community, the special courts are:
For the entire province of Alicante, the court of first instance No. 5-bis.
For the entire province of Valencia, the court of first instance No. 25-bis.
For the entire province of Castellon, the court of first instance No. 6-bis.
As we have said in previous articles, the intention of this plan is that the thousands and thousands of claims foreseen for these issues do not overburden the normal courts (for example courts in Denia, Benidorm, etc.), but the problem is that these special courts, (there is only one per province), are completely overwhelmed and the resolution of these issues is and will be extremely slow.
What do we recommend?
First check your loan and the receipts that you have paid for several years, and see if you have been overpaying interest due to a floor clause.
If you have a floor clause on your mortgage loan, we are happy to advise you and offer you the possibility of making an assessment of the amounts that you can claim.
Then, you must go to your bank and file a claim, based on RDL 1/2017, but do not sign any document until it has been reviewed by an expert lawyer.
Please take note that not all the proposals and calculations offered by the banks are always correct, some banks offer less money than they should, others do not include back interest, others instead of returning money offer a reduction of interest rate.
If you are in this situation, and you have a mortgage floor clause, 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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