Post by account_disabled on Mar 7, 2024 1:29:43 GMT -5
To the preliminary ruling question from Palma de Mallorca he really answered one question, the other four he made clear that they were a matter of ordinary national legality and that they had to be resolved by the judge himself . Regarding transparency, he makes it clear that the financial institution should have reported this circular from the Bank of Spain and that the IRPH requires a negative differential. This lawyer recognizes that he has had IRPH claims stuck for several years . “The first lawsuits filed in 2018 and 2019 sleep the sleep of the righteous. I have the demands answered and there are still no accusations.
Above all, I think it is a question of legality. Some issues from 2020 are scheduled for 2025 and 2026. At the same time, I have a cassation pending in the Supreme Court to give us an answer on the legality of the IRPH.” Juan Moreno, lawyer specializing in banking issues. of Sevilla. (Photo: Own Fax Lists transfer) For this expert, the IRPH as a clause does not comply with legality. “If a positive differential is set, the consumer is already being charged more, which in the market price can reach double. There is bad faith there from the moment the need to incorporate a negative differential is hidden . In fact, there are very few IRPH with a negative differential, some with zero and the majority with a positive differential.
From this perspective, “this jurist believes that all the requirements are met to have the IPRH annulled as abusive . At the moment, from what we see, the Supreme Court still does not know the substance of the matter well. We know that there are issues that are not being admitted in cassation because they allege that with the four Plenary rulings that we know of, it has already been resolved and there is no cassation interest.” Regarding those affected who have gathered in different Spanish cities and are now studying holding a next call in Madrid all together, he recognizes that they are desperate. There are people who can no longer pay that rate and have notified the bank , others pay principal and not interest. What we have seen is that no entity has offered its client a change to the Euribor.
Above all, I think it is a question of legality. Some issues from 2020 are scheduled for 2025 and 2026. At the same time, I have a cassation pending in the Supreme Court to give us an answer on the legality of the IRPH.” Juan Moreno, lawyer specializing in banking issues. of Sevilla. (Photo: Own Fax Lists transfer) For this expert, the IRPH as a clause does not comply with legality. “If a positive differential is set, the consumer is already being charged more, which in the market price can reach double. There is bad faith there from the moment the need to incorporate a negative differential is hidden . In fact, there are very few IRPH with a negative differential, some with zero and the majority with a positive differential.
From this perspective, “this jurist believes that all the requirements are met to have the IPRH annulled as abusive . At the moment, from what we see, the Supreme Court still does not know the substance of the matter well. We know that there are issues that are not being admitted in cassation because they allege that with the four Plenary rulings that we know of, it has already been resolved and there is no cassation interest.” Regarding those affected who have gathered in different Spanish cities and are now studying holding a next call in Madrid all together, he recognizes that they are desperate. There are people who can no longer pay that rate and have notified the bank , others pay principal and not interest. What we have seen is that no entity has offered its client a change to the Euribor.