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Clausulo Suelo: Another bank issues a Refund

Clausulo Suelo: Another bank issues a Refund

23 01 - 2017

Court number 2 of Santa María de Guía has sentenced Bankia to reimburse the owner of a house located in the municipality of Gran Canaria. The amounts overcharged by the floor-ceiling clause (Clausula Suelo) were inserted in a bank loan signed in December 2009.

In total, the bank must pay the affected client, the costs and legal interest, a figure that comes to more than 8,000 euros for abusive practices. With regards the costs, the magistrate emphasizes that the complainant tried to reach an agreement with the financial institution before leaving the case in the hands of the Justice.

Upon verifying that the loan agreement signed with Bankia contained the so-called floor-ceiling clause at 2.75% and 5.95% respectively, the affected person went to court to have it annulled and reclaim the money. The bank did not oppose the cancellation, but it did so to its consequences, when it understood that the refund should be framed in contracts after May 2013.

According to the judgment, the Court considers that "the parties must recover the sum from the date of the conclusion of the contract, plus the respective interest of said amounts from the date of conclusion of the contract ".

For the judge, it is not appropriate to limit the effects of restitution since May 2013, the date on which the Supreme Court took a position on the matter, since that is how the Court of Justice of the European Union ruled in a ruling last December.

For more information about the Clausula Suelo, click here.

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  • Tenerife International Business Centre SL
  • Calle Cándida Peña Bello 8
  • 38631 Las Galletas (Santa Cruz de Tenerife)
  • 922 730 210
  • 0034 637 838 718

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