Tag: Banks

The seven keys of the Decree-Law of return of the clauses ground

return of the clauses ground

return of the clauses ground

The seven keys of the decree-law of return of the clauses ground

Holidaydream Real Estate news

The text details how the bank should pay, how it will tax the amount or who will supervise

Customer notice

The text agreed by the Government, PSOE and Citizens establishes the obligation of the bank to notify those clients with floor clause that a free extrajudicial negotiation mechanism is opened.

Time limit

Entity and client have a maximum of three months to reach an agreement, including a period of 15 days for the client to value the offer made by the bank.

Way to pay

The agreed formula prioritizes that, in case of an agreement to refund the amount collected, a cash refund is made but the door is left open for the parties to agree on another modality, such as the reduction of outstanding contributions.

Taxation

The money recovered by those affected by the extrajudicial or litigating way, will be exempt from tax by IRPF. Yes they will have to regularize the expenses that were deducted in its day, but will not be imposed any surcharge for doing now.

Judicial route

If the bank considers that the customer does not have the right to any return, or if the offerer is not happy with the individual, the latter will have the right to go to court.

Back

If the judge imposes a compensation higher than the one offered by the bank in the extrajudicial way, it can charge the entity the costs of the trial.

Supervision

A monitoring and control body for the out-of-court mechanism will be formed, in which user associations and advocacy will be represented.

The EU fails against the banks and fixes the total refund of what is collected by floor clauses

Clausula SueloThe EU fails against the banks and fixes the total refund of what is collected by floor clauses

Holidaydream real estate news

The bank must return to its customers what has been collected by opaque floor clauses with total retroactivity.

The European Court of Justice today ruled in favor of establishing a total retroactivity in the return of the opaque floor clauses of the mortgage contracts. The verdict is a tremendous blow for the banking sector, which must return all the money collected under these clauses.

The judgment of the Luxembourg Court establishes that in the case of ground clauses that are void because of their opacity, the bank must return the amount collected by them to its customers with total retroactivity, and not since May 2013.

But this does not mean that financial institutions are obliged to return the money ex officio.

From the legal team Holidaydream, we encourage you to contact us and we will advise how to claim the money you overpaid.