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Author Topic: Clausula Suelo. The Spanish banks equivalent of PPI?

Online Nova

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Clausula Suelo. The Spanish banks equivalent of PPI?
« Reply #10 on: Fri 17 May 2013, 18:31 »
Was it a bank employee G, or the bloke behind her in the queue?  :D
Say something nice!

Offline Pelinor

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Clausula Suelo. The Spanish banks equivalent of PPI?
« Reply #11 on: Fri 17 May 2013, 18:49 »
Bloke in the queue Nova, probably trying to chat the wife up! Afraid I did the same as Myrtle and assumed it was someone from the bank!
To be honest I do hear a lot of tall stories that I would not normally post here as I know there bloody off the wall to start with! The one about the police cracking down on illegal street races in La Laguna where boy racers are measuring the distance they 'fly' when speeding over speed bumps. The person telling me was adamant and lucky for me didn't understand my reply of Bollocks!

Offline Janet

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Clausula Suelo. The Spanish banks equivalent of PPI?
« Reply #12 on: Thu 13 Jun 2013, 16:21 »
HERE is the Supreme Court's "clarification" ... the final word in the matter. From now on, clausulas suelo are null and void under any of several circumstances, generally involving lack of information or lack of clarity in the mortgage terms.

One must have sunshine, freedom and flowers. Hans Christian Andersen


Offline Janet

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    • Janet Anscombe
Clausula Suelo. The Spanish banks equivalent of PPI?
« Reply #13 on: Tue 25 Jun 2013, 14:04 »
And now a Court has ruled that a Bilbao bank has to return €12,000 to a couple because of an abusive clausula suelo. The sum being returned is what they overpaid because of the null and void clause. The Court ruled that the repayment "wasn't going to break the bank" ..... or words to that effect! :laugh:

:link:
One must have sunshine, freedom and flowers. Hans Christian Andersen

Offline Pelinor

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Clausula Suelo. The Spanish banks equivalent of PPI?
« Reply #14 on: Thu 4 Jul 2013, 15:40 »
It gets better. Last week we had a funny transaction on our account. In the middle of the month (no on the due date) they put a mortgage payment INTO my account and then took it back save about €50. We couldn't get to the bank until today and when I put the bank book in the ATM it showed that my mortgage payment was about €53 less than normal.

The wife went to see about it and its all to do with this judgement against the banks. It would seem that we have been paying just over €50 a month to this clause for the past 6 years and the 5 years before that on our first mortgage. The bank employee told us that the bank is waiting on the details of the final judgement before doing anything further. But we would be wise to formally make a request for a refund. This should be done in the form of a letter to the bank with copies of mortgage documents.

Offline Myrtle Hogan-Lance

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Clausula Suelo. The Spanish banks equivalent of PPI?
« Reply #15 on: Thu 4 Jul 2013, 15:53 »
Fantastic news!   :clap:

Offline Pelinor

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Clausula Suelo. The Spanish banks equivalent of PPI?
« Reply #16 on: Mon 5 Aug 2013, 19:16 »
Well things have moved on. We had to get an accountant friend in who has helped someone else make a claim. The wife went into the bank to find out what to do and was told we didn't qualify!! The wife said that we had already been in the bank and we were told that we did and pointed to the other side of the bank at the woman who had told us in the first place.
On hearing this the woman the wife was talking to got all flustered and backtracked. She told the wife to write a letter and the bank would do the rest. It was at that point we decided we needed help. The bank wasn't obstructive but it wasn't helpful either. I wonder how many other people have been told that they don't qualify and have just walked out?

So the accountant went with the wife to the bank and asked for all the correct documentation. It would seem that if you don't ask for the right papers the bank will charge you to get them....even though they hold them in the first place????

As it stands at the moment the accountant is putting all the papers in order and writing a cover letter. Once the bank is served with the documents and letter they have two months to respond......or so were told. :undecided:
We're also told that we can only claim up to 5 years. It seems to be a Spanish law that prohibits any claims on anything over five years old.

Offline Janet

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Clausula Suelo. The Spanish banks equivalent of PPI?
« Reply #17 on: Mon 5 Aug 2013, 19:22 »
Coincidentally, THIS in El Pais today ..... :scowl:
One must have sunshine, freedom and flowers. Hans Christian Andersen

Offline Pelinor

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Clausula Suelo. The Spanish banks equivalent of PPI?
« Reply #18 on: Mon 5 Aug 2013, 19:50 »
I think their just dragging their feet! they will have to pay. The wife just reminded me another thing that the woman said " Well you signed the clause in the Notary so you must have known, its in the escurtora (spelling)'  and "You did know didn't you"? And in the end even though she back tracked she failed to mention that if you just write a letter they will charge you for any work they have to undertake on your behalf while searching their own records.

My advice to any one who has a mortgage over the past five years is get help :tiphat:

Offline Janet

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Clausula Suelo. The Spanish banks equivalent of PPI?
« Reply #19 on: Mon 5 Aug 2013, 20:36 »
agreed, G. And that woman wants a kick up the arse, bluntly, because it doesn't matter what was signed ... the clauses are illegal so shouldn't have been there to sign in the first place. The law isn't retroactive, admittedly, but people are getting refunds, and for a bank to say "well you signed it" over something that has now been found to be effectively fraudulent is outrageous.

They're all bastards.
One must have sunshine, freedom and flowers. Hans Christian Andersen