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Pregunta al Administrador: CLAUSULA SUELO

I have received a notice warning me that I can claim my Bank refund of what they have been overcharging for something called floor clausel.  Could you tell me why I can now claim it and why from 2013?

Gracias

Martin R.

Administrator:Juan López

Certainly your question opens an interesting speech on issues of law, use/custom and jurisprudence.  To provide the data that actually allows you to see clearly the situation, I shall forward you with a local event

The Provincial Audiency of Murcia, reversing the judgment of first instance, declared the invalidity of the clause floor condemning Bank Castilla – La Mancha to the return of 7,000 euros paid unduly by the customer.   Furthermore the invalidity of the clause means the return of amounts to the mortgage.

By the way, art. 1303 of Civil Code states: “Once the nullity of an obligation is confirmed, the contracting parties must return each other things that had been matters of contract, with its fruits, and the price with interest”.

 

The sentence states that “injury consists of that fall in the interest rate if there is any benefit for the actor, who would be required to pay a minimum 4% annual interest. Application and actual clause floor –  shows that today Bank of Castilla La Mancha, S.A., Caja de Ahorros de Castilla – La Mancha, has acted against the requirements of good faith, violating the trust of customer relationship because under the apparent formal reciprocity is concealing a situation advantageous only for the entity”, especially if we take into account that it knows better, the availability of financial information, what will be the future evolution of the Euribor”.

By the way, art. 1303 of Civil Code states: “Once the nullity of an obligation is confirmed, the contracting parties must return each other things that had been matters of contract, with its fruits, and the price with interest”.

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