September 21, 2020

These are the five most frequent myths about bank claims


The users of the banking entities that consider that they have suffered an economic damage have Right to file a claim thanks to which they can get the bank to compensate them for the monetary collapse caused. In fact, last year, our country's bank returned a total of 2.6 million euros to customers They chose to carry out the claim procedure before the entity itself and, in subsequent phases, before the Bank of Spain.

In 2018 Spanish banks returned 2.6 million euros to customers who claimed

For the process to be done with guarantees it is important that the claimants are well informed, there are many false beliefs that surround bank claims. The online legal services company has compiled a collection of the Myths about more frequent bank claims and that, from repeating so much, have ended up being accepted as true.

1. Claim before the Bank of Spain is mandatory before starting the judicial process

Extrajudicially, the first step that must be made by those who want to claim is to present a brief before the services, departments or defenders of the client of their entity. Spanish legislation establishes deadlines to obtain a response that, once exceeded, allow the user to go to the Bank of Spain.

The claimant may appeal to the national supervisor if he has not received a reply from the entity within 15 business days if the claim is about a payment service and the claimant is a consumer, a self-employed person or a microenterprise; one month for non-payment services if the claimant is a consumer resident in the European Union; and two months for those claims that are not about payment services as long as the claimant is a non-resident consumer in the European Union or non-consumer.

The resolutions of the Bank of Spain are not binding on banks and can not be appealed

Now, if the client prefers to opt for the judicial way, he should know that claiming the Bank of Spain is not mandatory to file a lawsuit. Further, The resolutions of this body are not binding on banks, nor are they actionable -In fact, in 2018 the entities refused to compensate the client in the 1,383 files, despite the favorable report to the Bank of Spain client.

From advise to extrajudicially claim the bank and if this does not respond or the answer is not satisfactory, start directly through the courts.

2. It is better to accept the bank's offer on IRPH than to wait for the judgment of Europe

Unless the bank offers not only the change of index to the Euribor plus a differential provided, but also return the overpaid, defends that it is better to complain to the bank and wait for the pronouncement of the Court of Justice of the European Union ( CJEU), which is expected for December 2019 or the first months of next year.

3. With the judgments of the Supreme Court can no longer claim the expenses of formalization of mortgages

There are concepts of the expenses of formalization of the mortgage that can continue claiming: appraisal, Land Registry, notary and agency. In addition, are pending to resolve several questions, one of them at the request of, in which the Court of Justice of the European Union will decide whether the refund must be of all amounts paid or only in accordance with the Court Supreme.

4. Mortgages canceled, it is impossible to claim

The action to claim does not prescribe, since the clauses by which the land, the expenses, or abusive interest for the delay have been imposed, are null and void, which means that can be sued at any time, whether or not the current loan.

5. The claim involves a higher cost than the amount that the consumer could recover

This does not have to be always like this. For example, only collects at the moment that the clients get their favorable sentence, without having to advance any cost of the procedure, which allows those affected by abusive bank clauses to initiate any claim knowing that they will only have to pay their lawyers if you receive your compensation.

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