Calcular clausula suelo banco popular
Subject and predicate modifiers | educational videos
These are understood to be those clauses incorporated in mortgage loan contracts that set limits on the interest to be paid by the borrower. When these ceilings are fixed upwards, we are dealing with ceiling clauses. On the other hand, when they are set at a lower level, we are dealing with the floor clause.
The floor clause serves to stipulate that the interest rate can never be lower than the percentage fixed in the contract. Therefore, the consumer would never benefit from this reduction below the fixed installment.
Although this article has been especially addressed to claim the floor clause against Banco Popular in particular, the truth is that the content of this article is suitable for claims against any other bank. However, we must point out that each bank has its own mechanism of action.
Thus, a claim is sent directly to the bank for the refund of the corresponding amount unduly charged. The bank has three months to refund the money.
Banking law. how to eliminate the floor clause
The Court considers that the floor clause, included in the mortgage contract by Banco Popular is abusive, since the consumer had no real opportunity to negotiate the terms of the contract and that it was set unilaterally by the bank, without there being any reliable evidence that the bank provided sufficient information to the customer about the existence and significance of the floor clause in the mortgage contract, nor that simulations of possible economic scenarios were made.
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“(Reference for a preliminary ruling – Directive 93/13/EEC – Consumer contracts – Mortgage loans – Unfair terms – Article 4(2) – Article 6(1) – Declaration of invalidity – Limitation by the national court of the temporal effects of a declaration of invalidity of an unfair term)
REFERENCES for a preliminary ruling under Article 267 TFEU from the Juzgado de lo Mercantil n.o 1 de Granada (C-154/15), made by order of 25 March 2015, received at the Court on 1 April 2015, and from the Audiencia Provincial de Alicante (C-307/15 and C-308/15), made by orders of 15 June 2015, received at the Court on 1 July 2015, in the proceedings between.
Move against floor clauses! performance
The lawyers who collaborate with us at no cost, since the lawsuit has allowed us to eliminate 99.99% of the floor clauses and recover the overpaid amount that our lawyers have processed. As of today we already have more than 5,000 interested parties in the service of lawsuits to annul the floor clause and recover everything paid.
New ruling in Malaga that forces Banco Popular to return 21,774 euros for a floor clause that did not even exist in the mortgage loan contract. The member of Facua Málaga formalized in 2000 a mortgage loan with Banco Popular for the purchase of his home. In the deed, a fixed interest rate of 3.75% was agreed for 11 months, being applicable later a variable interest rate of 0.5% over the reference rate Mibor (later Euribor).
Despite the fact that no floor clause was included in this mortgage contract, the entity was unlawfully applying in the annual reviews of the loan a minimum limit of 4.5% interest on the outstanding capital until February 2016.