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The combat of the soil clauses

The Royal Academy of the Spanish Language (RAE) defines combat (of fighting) as: 1. “Fight between people or animals.” 2.

The Royal Academy of the Spanish Language (RAE) defines combat (of fighting) as:

  1. “Fight between people or animals.”
  2. “War action or fight in which military forces of some importance intervene.”
  3. “Internal fighting or battle. Combat of thoughts, passions. ”
  4. “Contradiction, struggle.”

Without qualifying any of the parties (because of the first meaning), we will agree that the case of the soil clauses, we are faced with a conflict of interest or struggle, which in one way or another , contrasts to two parts, which dispute – we hope only that in a dialectical way – for making their interests prevail with respect to those in front.

and that is more spectacular and spectacularized , at the end of last December the nth assault was resolved among the plaintiffs – affected citizens – and defendants – and defendants – and defendants – The bank-, that is, among applicants of light or medium weight, that are or have been subject to mortgage loans, versus authentic Heavy pesos of private capital. An important contest , in any case, in which the referees -superior of Spanish and European justice-have also actively intervened. At stake an amount of between 5,000 and up to 7,000 million euros for returns (according to various estimates as soon as the TSJE is pronounced).

We reveal the : On December 21, the European Superior Court of Justice counted up to ten against the heavy pesos of corporativism, when failing in favor of the plaintiffs. From Luxembourg, the previous judgment of the Spanish system is contradicted, so the bank – today and waiting for possible subsequent resources – must return, at least 4,000 million euros paid by the mortgages, as long as the defendant He has not negotiated and his case has already been accepted.

Now, what history is behind all this action within the ring? The best thing is that we go pound for pound …

the context

So far, all correct. In fact, it is that the law itself collects it. There is nothing wrong with a certain bank establishes conditions to request a loan from the caliber of a mortgage. Anyone is the right to go to another entity that offers better solutions to embark on it. Now, in order to decide fairly about interest, it is necessary to know its existence. There is the problem that different sentences have ratified: the client did not always know about their existence, or its details. Paying more consciously is one thing, while doing it unconsciously is another.

During the fall of the real estate market between 2008 and 2012, as we said, the Euribor fell to negative minimums. It is normal, therefore, that many taxpayers claim to the banks of their decreases from their specific types according to what the market showed. Given the frequent interest of negotiating the percentages, the bank returned to its corner increasingly referring to compliance with contracts already signed. This opened the ban of the process, and that was when many citizens began to mass the abusive, omitted or undue specified of these clauses in your credits.

The following steps were taken from different associations of individuals, such as the Association of Banks Savings and Insurance Boxes (

Thus, after this first sentence, the bulk of the lawsuits went to the EU Court of Justice to question the ruling and if the retroactivity should be total. This point could fully mark the development of the banking activity: if the retroactivity was total, that is, that it was departed since 2009 as the starting point of return of these variable limits – for continuing with the Banking slang – The total amount for those affected would range around 5,000 million euros, however, if retroactivity was marked since 2013, we would go to 3,000. And 2,000 million give much, both for the heavy pesos , and for individuals.

As we know, and which David against Goliath , in this case, the assault has been carried the smallest -not less numerous. The sentence establishes the following: “The declaration of the abusive nature of a clause must have as a consequence the restoration of the situation in which the consumer would be found if said clause” , or what is what is there is no The same: the bank will have to pay everything if it is demonstrated, case by case, that the provisions between both parties agree with what was decreed.

how to continue the contest

This initial context approach is missing an element, which has recently been published in the Official State Gazette. The <a “href=” “> Royal Decree-Law 1/2017, of January 20, of Urgent measures for the protection of consumers in terms of soil clause /p> The text dictates that since this week, the consumers , that is, those individuals that we placed as light or medium weight contestants subscribers, even if your mortgage is already completely paid. We cite:

“Once received, the entity must send to the consumer the calculation of the amount to Manifest if you agree with the calculation and, if it is, the entity will return the cash. The entire process will be done within a maximum period of three months. “

In terms of elements, the clauses of the soil clauses are a simple process, since the procedure is a direct negotiation with the entity. Now, much less we are facing an easy process, because it can be the case that the bank does not accept the claim, opening a path subject to resolutions, litigation and other legal and contractual requirements to finally obtain the excess paid .

In Verum we have professionals linked to the legal field, so we can also offer the necessary advice for the following assault of the soil clauses:

Superior Court of European Justice – 20 minutes

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