Do you have a minimum interest rate clause in your Spanish mortgage
contract? Are you aware that this could be costing you approximately €1,000
annually?
Throughout
2012 differents Mercantile Courts (Seville, Malaga, etc,..) and the Tribunal Supremo, have dictated sentences
ordering three banks to pay back considerable sums of money which they were
illegally charging their clients through what is called “minimum interest rate
clause” stipulated in their mortgage contracts.
The
truth is that in this mortgage contracts it is established that at no point in
time can the variable rate be inferior to a minimum rate fixed by the bank –
this tends to be between 3 and 5%, whilst on the other hand the maximum limit
is unrealistic – in the majority of cases this is between 7 and 15%.
The
detriment to the consumer arrives when the Euribor descends below the minimum
rate stipulated in the mortgage contract – particularly at this moment in time
seeming as the Euribor has descended below 1% – and the client has to
continue paying as if it were at 3 or 5% because of this “minimum interest rate
clause” imposed by the bank. However, the maximum rate will never be reached
meaning that the consumer will never benefit from it and the only beneficiary
will ever only be the bank.
This
banking practice trespasses on the very fundamental principles of contractual
good faith and provokes a substantial and unjustified imbalance of contractual
obligations, generating a loss in the economy of Spanish consumers at the same
time. In fact this same minimum interest rate clause has been mainly
responsible for the progressive decline of the Euribor; (this being the main
variable mortgage reference rate) not having led to a widespread drop in
monthly payments.
Because
of this, AFCONSULTING LAWYERS, are offering the possibility of demanding
the annulment of the minimum interest rate clause and legally claiming back the
difference between the amount which should have been paid if the clause hadn’t
of existed in the first place, and the amount which has been paid up until now.
For
further information, call us now, on +34 646168400, or info@afconsulting.es.