The creation of Royal Decree-Law 1/2017, of January 30, on urgent consumer protection measures regarding Floor clauses, had its origin in an attempt to avoid, if possible, a greater collapse in the Spanish justice system after the ruling of the European Court of Justice of December 21, 2016.
In order to expedite the procedure and return the money collected for the floor clauses and expenses improperly attributed in mortgage loans, a period of 3 months was established to reach an agreement with the banking entities through a prior claim.
But the actions of the entities, in most cases, have been one of permanent blocking and opposition to this prior complaint procedure. To do this, they have used all kinds of tricks to try to avoid receiving claims, breaching not only the Royal Decree but also, from our point of view, their own internal regulations on occasions.
Once these claims delivery incidents have been overcome, the office directors themselves get in touch with their clients to try to obtain a kind of back-of-the-entry agreements, consisting of reductions in loan payments and other similar discounts, without justifying a true breakdown of the amounts improperly received.
Given this type of actions by the majority of banking entities, we can only come to the conclusion that the Royal Decree of urgent measures has been a failure for the majority of those affected, who must try to recover their money through judicial means. and, consequently, for the Spanish courts themselves due to the volume of litigation that is coming. As measures in the face of this resounding and, on the other hand, predictable situation, the Government has chosen to designate specialized courts in the matter, a fact that we observe with great skepticism, as well as the creation of the monitoring, control and evaluation commissions of the mechanism. extrajudicial arising from the decree.
Note that these measures will be in force from June 1 to December 31, within the CGPJ emergency plan, which may be extended if necessary.
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 corresponds to you for what is paid in addition to the floor clause, we also claim the CONSTITUTION EXPENSES MORTGAGE: notary, registration, tax, agency, appraisal...
Get advice without obligation by calling 868 97 56 50 or email: lawyers@acclegal.es
