Last Friday the Royal Decree-Law for the protection of those affected by the clause floor, where a procedure to claim is established.
In this procedure, it is the affected party himself who has to prepare the claim and negotiate with the bank, without the help of a lawyer to advise him, thereby The affected person runs the risk of accepting what the bank offers, and it may not be the total amounts owed or the interest.
Likewise, the Royal Decree allows the bank to return the money paid in excess in banking products, amortizations, etc., while what the affected person wants is to recover their money in cash.
Therefore, we see how this mechanism approved by the government can be more harmful than beneficial since the affected person must trust the bank, negotiate with the bank's lawyers without knowing if what they offer under the floor clause is correct, and in that process be forced to sign a document that implies the waiver of claims later.
In summary, we recommend that you always seek advice from a lawyer, even making a prior claim to the bank, because with a lawyer you ensure:
- Recover the correct amount and interest
- Get it back in cash, and not in bank products
- You will avoid negotiating with the bank, we will do all the work
- You can also claim the expenses you paid for your mortgage (Notary, Registry, Taxes, Management and Appraisal).
At ACC LEGAL ABOGADOS we can advise you before making any decision, and help you throughout the prior claim process, and if the result is not satisfactory, judicially claim what is due to you.
Contact us without obligation by calling 868 97 56 50 or email lawyers@acclegal.es
