Portal de Totana
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The Service of Advice to the User of the Municipal Services of Totana City Council recalls that it is the consumer himself who must present the claim on the return of undue payments by land clauses to the corresponding banking entities.
The need to dispose of housing has had to be covered, mainly, by the formalization of mortgage loans to be able to make the payment with quotas more affordable for most of the domestic economies.
This has been so in times of better economic situation as it is still in the current with a slowdown in real estate transactions.
In a significant number of such mortgages, interest at a variable rate was fixed, to which a differential (fixed percentage) was added to set the monthly payment, usually on a monthly basis.
For long-term loans where interest rates could vary over time, financial institutions included clauses foreseeing such variations.
In this way, limits were usually set for rate increases (ceiling clauses) and also ceilings (floor clauses) of the reference indices, usually the EURIBOR or IRPH (Reference Index for the Mortgage Loans).
The downward trend of rates in the EURIBOR, for example, was lower than 0.5%, which added to the agreed differential (1%, 1.5%, etc.), may not reach the fixed rate , In land titles, as land (about 3%).
With the disagreement of clients, with these ground clauses, the Courts led to the judgment 241/2013 of the Supreme Court (dated 09/05/2013) that declared the abusive nature of such clauses because "did not exceed the control of enforceable material competition ".
Likewise, in the same ruling, retroactivity was limited and repayment to the borrower (client) would be made as of the date of publication of the judgment (May 9, 2013).
On 22 December 2016, the Court of Justice of the European Union (Grand Chamber) challenged this decision by stating its opposition "to limit in time the substitution effects related to the declaration of abusive character", which Obliges lenders to repay amounts improperly paid by customers at any point in the life of the loan.
The surge had taken place and now it was time to establish the procedure to give way to the multitude of complaints that were looming.
Thus, last 21 was published in the BOE the Royal Decree-law 1/2017 of urgent measures of consumer protection of soil clauses.
The standard establishes a period of one month for the entities to adopt the necessary measures to adapt, among them, to have a specialized department with indication of their signs.
After the deadline, once the claims have been filed with the entities, they will have a period of three months to resolve them.
The consumer should receive a breakdown of the amount to be received;
And in case of manifesting their acceptance will be agreed the return of the cash.
There will not have been an agreement, and the consumer can go to court, if the entity rejects the consumer's request;
If 3 months elapse without reply by the entity;
If the consumer does not agree with the calculation or rejects the quantity and if after three months the consumer has not been paid the quantity offered.
Source: Ayuntamiento de Totana
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