05 Feb HOW DOES THE EXTRAJUDICIAL PROCEDURE WORK TO RECOVER THE UNDULY PAID MONEY FOR ABUSIVE SOIL CLAUSES IN BANK MORTGAGES?
1) Initiation of the process
– It is compulsory for all banks to take the necessary measures to comply with the extrajudicial procedure.
– Claims by individuals or consumers in front of the bank may be submitted (since a year ago).
– The banks must make available to their clients, in all offices open to the public, and also on their web pages, the information detailed in the law, related to the effective execution of the new rules on the extrajudicial procedure.
– Banks must have a specialized department or service to address claims filed by this procedure.
– Banks must ensure that this system is known to all consumers with soil clauses in their contracts.
– they will also inform their customers that agreed returns can generate taxes, and inform the tax agency of information regarding agreed returns.
2) Outline of the procedure:
– it is put in place by the consumer sending a claim to his bank. In other words, banks are not obliged to raise it.
– The bank has to answer in one of the following two ways:
a) by sending the consumer the calculation of the amount to be returned, duly detailing the concepts such as interest.
b) or alternatively, saying that it is not appropriate and for what reasons, implying the conclusion of the procedure.
– The consumer must state if he agrees to the calculation.
– If he accepts the calculation, the bank will make the refund of the cash in the terms agreed with the consumer.
Alternative solutions to cash payment
The law stipulates that compensatory measures other than the return of money are permitted to be agreed.
– The amount to be returned must be previously agreed upon.
– The bank shall provide the consumer with an assessment allowing him to know the effect of the compensatory measure
– there is a 15-day deadline for deciding.
– Acceptance shall be handwritten and in a separate document which also records the fulfillment of the period referred to in 15 days.
3) Maximum duration
– it is 3 months since the bank receives the claim.
– Failure of the procedure
It is given when:
A) The bank expressly contradicts the request from the consumer.
b) If the period of three months is terminated without the bank communicating anything to the consumer.
c) If the consumer disagrees with the estimation made by the bank or rejects the amount offered.
d) If the amount offered has not been made available to the consumer in the course of three months.
Paralysis of actions.
– The Parties may not exercise any judicial or extrajudicial action in relation to the object of the previous claim during the time it takes to be solved.
– If, however, a claim was lodged while the procedure was open, with the same object, the process will be suspended until the previous claim is resolved.