EsuriJohn

Has anybody looked at starting the process to reclaim monies under the new Spanish Government rules as being applied by Banco Sabadell?

tuhler

Use a lawyer..they cost but they will do the job

EsuriJohn

No thanks. At 30% of what they recover for you it is not worth it and would take too long. The new system introduced by government is designed to be quick and avoid lengthy legal processes which with the numbers involved would block up the court system for years. You go into your branch and fill in a form and the process is underway with a deadline of three months to come to agreement. Just wondered if anyone had experience of the form and the sort of info it asks for?

spainrico

This is fotocasa's take on it

Todo lo que debes saber sobre la cláusula suelo [vídeo] - Fotocasa.es Blog[147]-20170315&link=120895

(in Spanish)

I suggest you approach the bank directly - they must know their obligations by now.

EsuriJohn

They do! They want you to fill out a form at the branch alongside the compraventor without prior sight of said form! That's how we got into this mess in the first place! Never again.

That's why I asked on here I want to know what they want before I sit down to fill in anything. However "nice" the branch people are, and ours have been outstanding, they still work for the bank. This scandal is big enough to push some banks under, Popular is said to be favourite to suffer serious consequences. That is one reason why the politicians have come up with a system in answer the ECJ ruling. No court cases (used to be the only way to push the banks to repay) it would bring the system to a halt we are talking millions of cases, just a a three month internal procedure from start to finish. With Sabadell the start is a form you have not seen signed on the spot in the branch. It smells!

spainrico

OK take your point. In which case I would take professional advice, I have not heard of solicitors taking 30%. Try town hall citizens advice office. Usually called Protecion de consumidor (or something similar)

EsuriJohn

The Town Hall have organised a seminar next Tuesday evening together with "adicae" to address this very problem however my appointment is on Tuesday morning. "adicae" a consumer organisation have been fighting this for many years and were party to the ECJ case which took several years, and they pursued the repayment of mortgage fees as well.

avocados

These consumer groups are usually a waste of space. They profess to be all mighty but in reality they never achieve very much.

If you want your money hire a lawyer. there are plenty on the internet offering their services for free.

If you present your own case, the bank will simply hand it to their lawyers so that they can ignore it or pick holes in your arguments.

Have you even any idea what supposed to be in the request?! It's not simply o case of saying "I want my money back as I heard it on the tele".

You will have to reference the legal points from the resolution. You will have to reference the relevant terms/points from the mortgage deed (usually about 80 pages long!!). It will have to be presented in the correct legal format. they can even reject it based on a spelling mistake!!

The document the bank will want you to sign is also on the internet - insists that you waive any present or future claims. Kinda implies that the bank decide IF you get the money or how much of the claim, etc.

Get a lawyer.

Loafing Along

Have just finished letter and doumentation to La Caixa regarding mortgage expenses, not Clausula Suelo , but you can use same organisation for both :
Movilízate con OCU No a los gastos hipotecarios abusivos

They charge €125,- for a lawyer for the expenses claim and I imagine the cost will be similar.

I have not used them as there are so many specimen letters available on the web but , if you are concerned by the detail worth a try.

tuhler

Very good ... I went to a firm with good knowledge of this ...started at 15% and ended up at 5%... paid an estimate up front .... got the dosh and a good job done

Loafing Along

Carta de reclamación de la cláusula suelo acogida al Real Decreto-Ley 1/2017

Here you will find both a draft letter and instructions on how to fill it out. Also the offer of services of a lawyer to help you on some aspects for €49,- + VAT

Countryboy1

Could someone please give me a brief explanation of what this all refers to? I've clicked on the links in the posts but I always get a blank page? Maybe it's my browser.
Thanks.

Loafing Along

Basic issue is phrasing of certain parts of mortgage documentation where banks, in the past, applied a ceiling and a floor to the interest rate applicable to the mortgage.
Obviously post-Crash interest rates fallen dramatically but many people locked-in to a high interest rate ( floor rate ) for their mortgage gaining no benefits from the decline. Supreme Court declared it illegal .
Similar with mortgage expenses, a clause in the contract meant the mortgage-taker paid all the bank's expenses for the process. Also declared illegal.
By the way clicked on links and all came up OK, maybe it is your browser

Countryboy1

Thanks for that explanation. Much appreciated.

snikpoh

I contacted them and they not only wanted an up-front fee, but also a monthly fee UNTIL the case was resolved! No way!