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 a signed a mortgage agreement with the bank.
The facts, in a nutshell, are as follows:
1.- Our clients applied for a mortgage in order to buy a property in Spain
2.- The mortgage Deed contained serious abusive clauses that rendered almost the mortgage contract null and void. The bank never informed the clients about these clauses.
3.- The bank repossessed the property enforcing an outrageously high arrears interest rate; which made the actual interest rate higher than the principal of the mortgage itself. This specific interest’s mortgage clause was affected by the nullity as well.
4.- Furthermore, the clients (non-residents in Spain), couldn’t contest the repossession enforcement repossession process; as they were never legally notified at their home address in the UK about the judicial proceedings initiated in Spain.
5.- We sued the bank in a separate declarative process; requesting for the nullity of the mortgage contract plus the refund of all the interests and costs unduly charged.
The claim was substantial – 148.635´68 € plus interests and costs, and the Court has rendered judgment against the defendant, imposing costs on the bank.
100% RATE OF SUCCESS SO FAR
The good news is that we are winning all the Court cases Lawsuits against banks and we are currently preparing new lawsuits on behalf of an increasing number of foreign people affected; so we are very confident about their outcome as well. Remember, that even if you might be a national from another country, you have granted with the same rights as a Spanish consumer!
Likewise, the bank will still face liability, even if the mortgage might have been already canceled within the limitation period of the action.
HOW TO CONTACT US FOR FURTHER SPECIFIC ADVICE?
Bear in mind that this information is not intended to be specific legal advice, as each mortgage case has its own inner peculiarities. Therefore, in case you might be affected by a similar problem and you might wish to submit a claim; as a preliminary step, do get in touch with us and we’ll inform you about all the feasibility of the claim as well as the necessary paperwork evidence required to sue your bank.
Likewise, if you think that your mortgage might be affected by any kind of abusive clauses; (interest rate, costs, etc) – please do not hesitate to contact our Firm for further specific legal advice.
You can get in touch with us in several ways:
1. Call us or send us a WhatsApp now to (0034) 687 88 88 73.
2. You can also use our e-mail form at the top of the sidebar of your screen; or alternatively, you can send us an e-mail to info@bestsolicitorsinspain.com or through our contact section
Our commitment, we’ll respond to your e-mail inquiry in less than 24 hours.
Finally, thank you very much for your attention, and in case you might have any questions or doubts at all; please do not hesitate to contact us, and we will be glad to clarify immediately.
We look forward to helping you and the benefit of our “know-how”.
Kindest regards.
Mr. Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor.
