last Tuesday, The attorney-general of the european Union released its findings about the conflict in the courts through the reference index for mortgage loans corresponding to mrti . So, Maciej Szpunar said that Spanish judges should be able to monitor the potentially abusive use of the corresponding to mrti in the credits. Your opinion is not vinculate, but yes it will mark the sentence that the 15 judges of the Court of Justice of the European Union (CJEU) dictaminarán at the end of this year or in the first quarter of 2020.
After the publication of the report, the experts interpreted that the next sentence will be favourable to consumers, although most recommend caution. "We will have to wait again until the publication of the judgment of the CJEU, although the road has been long and tedious, as it sees its end, and we hope that we wait for a new victory against the banks for having abused its position of superiority in the eyes of consumers," says Estel Romero, the firm's Sanahuja-Miranda.
If the decision ends up being favourable to the consumer, different associations and estimated at around 20,000 euros for each euro 200,000 mortgage the money that each affected could be recovered . "We must take into account that in the event that the Court declare null and void the clause corresponding to mrti, the banks shall return to the client all interest paid in excess over the life of the mortgage," adds the lawyer of Sanahuja-Miranda.
For its part, since the platform Calls for me to predict a collapse of the courts by the procedures already open by clauses in land and mortgage expenses, who will join the claims of those affected -it is estimated that in Spain there are a million people - because of this rate mortgage. However, until the publication of the final judgment, the experts Claim for me to recommend not to initiate a judicial proceeding. However, "it is one thing to initiate a legal process, and another step forward in the process to win time," explains Fernando Renedo, director legal Claim on Me. "The affected must understand that delaying the previous steps for three months can be assumed, after the likely collapse in the courts, their procedure is to stretch a year or two more than what I would have made to have started the steps above," underlines Fernando Renedo.
These previous steps would be the following , as outlined by the director of Communication of Claim on me, Javier Lopez:
1. Collect all the deeds and documents necessary to initiate the claim.
2. Turn to a lawyer competent in the subject matter to review each case and evaluate whether the chances of claiming are real.
3. Try to reach an out of court settlement with the bank, a process that usually takes up to three months. In pleading for me to explain that this period was defined because of the conflict generated by the clauses and soil, and subsequently, case law has established that the term should be respected for any other type of claims-banks.
Updated Date: 17 September 2019, 22:01