LAWSUIT AGAINST BANKS

LAWSUITS AGAINST BANKS

SUCCESSFUL LAWSUITS AGAINST BANKS Dear clients and readers, In C. Bank v Julie and Andrew P [2021] Judgment Nº 000770/2021, the Spanish Court Nº 5 bis of Alicante has upheld our clients claim that the bank owed a contractual duty of care to advise them as to (among other things) the financial terms and conditions arising out of…

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VALUATION FEES MORTGAGE

VALUATION FEES MORTGAGE

VALUATION FEES MORTGAGE SPAIN Dear clients and readers, The Supreme Court has recently ruled on January 27th 2021 (Appeal Nº 1926/2018. Decision Nº 35/2021) that the valuation fees in mortgage loans must be paid by the bank, and not by the consumer.   With this landmark Judgment, all the financial consequences derived from the nullity of mortgage clauses that previously imposed on…

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IRPH

IRPH INDEX RATE

CONTROVERSY REGARDING THE IRPH INDEX ON MORTGAGE LOANS STILL GOING ON As you probably remember, on October 21; the Civil Chamber of the Supreme Court (from now own SC) deliberated and resolved four appeals filed in relation to the variable interest clause IRPH; – (“Decisions 595, 596, 597 and 598/2020”, of November 12); – after…

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NEW CASE WON AGAINST THE GOVERNMENT

Dear clients and readers, We are proud to announce that we have recently won a new important administrative lawsuit case against the Spanish Administration Government.  In a nutshell, our client, – an important pharmaceutical company based in Torrevieja,- was unduly accused of prescribing unlicensed Magisterial Prescriptions, and intended to impose them a fine of more than 30.000…

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MORTGAGE COSTS

MORTGAGE COSTS.

MORTGAGE COSTS. CLAIM YOUR RIGHTS! EXCELLENT NEWS FOR CONSUMERS:THE EUROPEAN COURT OF JUSTICE FORCES SPANISH BANKS TO REFUND ALL ABUSIVE MORTGAGE COSTS IN FULL. REMEMBER: NOW IS THE TIME TO REVIEW YOUR MORTGAGE AND CLAIM WHAT IS YOURS! Dear readers,  The Court of Justice of the European Union -CJEU- has declared in a judgment handed down…

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ANOTHER CASE WON

ANOTHER CASE WON!

ANOTHER CASE WON! OUR CLIENT SAVES THE HOUSE! The Court rules on the consequences of invalid accelerated repayment clauses in mortgages and declares the dismissal of the mortgage enforcement proceedings. On 11 September 2019, the Spanish Supreme Court delivered a landmark judgment resolving one of the most disputed issues relating to mortgage loans in Spain.…

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IRPH clause

IRPH clause: STJUE March 3

IRPH CLAUSE INTEREST RATE: MAIN CONCLUSIONS OF THE JUDGMENT Case C-125/18 The Court of Justice of the European Union, based in Luxembourg; has rendered a landmark and expected Judgment in Case C-125/18 Gómez del Moral Guasch/Bankia S.A.; in relation to IRPH clause inserted in mortgages.After having settled the cases on floor clauses and the mortgage tax (AJD, which was…

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Enforcement court orders Spain

Enforcement court orders Spain

Enforcement of international court orders or judgments in Spain Overview Enforcement court orders Spain: The enforcement of foreign judgments is governed by Act 29/2015 dated 30 July 2015 on international legal co-operation in civil matters (Legal Co-operation Act), which entered into force in Spain on August 2015. Article 2(a) of the Legal Co-operation Act asserts…

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ANOTHER COURT CASE WON

SPANISH BANKS ARE LOSING THE BATTLE AGAINST THE EU CONSUMERS: MORTGAGE COSTS Dear clients and readers, I am proud to announce that we have recently won another important court case regarding the refund of the mortgage expenses by a Spanish bank. Consequently, I believe this article will surely be of great interest for those people…

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IRPH Litigation Spain

IRPH Litigation Spain

5 / 5 ( 1 vote ) IRPH Litigation Spain: The outcome of the European Court of Justice’s Decision On September 10, the Advocate General (Mr Maciej Szpunar) issued his Opinion on a preliminary ruling to be rendered by the Court of Justice of the European Union (CJEU). The Opinion relates to the validity of…

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recovering off plan

Recovering Off-Plan deposits

5 / 5 ( 1 vote ) Recovering Off-Plan deposits from banks: 100% success rate so far. Deadline for claims October 2020. Dear Readers: After years of protracted legal ordeal, stress and suffering, homebuyers who were affected by the Spanish property market crisis, are finally recovering off-plan deposits, for the money they paid for holiday…

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