Euribor tracker mortgages banks refund

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    • #192197
      Calpeisfab
      Participant

      Hi

      I have a spanish mortgage that follow the Euribor rate, however since the interest rates have been at an historic low, the mortgages have never followed only to a base level not near the low rates.

      I understand that the EEC has ruled against the Spanish banks that they need to repay the difference of the lowest rate following the Euribor and the mortgage rates.

      Hope this makes sense

      Has anyone had a claim from a bank that has been successful.

    • #192376
      Mark Stücklin
      Keymaster

      Actually it was the Spanish Supreme Court that ruled that banks need to repay the difference, but only going back as far as 2013. The European Court was expected to remove the time limit, but in the end it didn’t. So you can reclaim any interest you have been overcharged going back to 2013. The law is now pretty clear on this, so you would be likely to win your case. The question is, is it worth it? If you’ve only been overcharged say €1,000/year, for 2 years, then it might not be worth the legal costs trying to recover €2,000. But if you have a big mortgage, and have been overcharged say €500/month, then that’s €12,000 to reclaim, and might be worth it. It all depends on how much you have been overcharged. Do you know?

    • #192400
      Pepsicola
      Participant

      We had a successful claim against the notorious Cláusula Suelo and recovered money free of legal costs. These people were efficient and courteous but you will need someone to help with the Spanish if you don’t speak it.

      Página de Inicio – Abogados Financieros – Reclamación

      One starts with a formal demand to the bank who of course reject this. Then when a court case is threatened, the bank quickly backed down – and had to pay all the legal fees! Good luck!

    • #193452
      iniscarn
      Participant

      My mortgage is with Banco Sabadell. Its a variable rate and has been at 3.75% for at least 5 years. the bank has offerd me a fixed rate of 3.5% for the remainder which is 9 years. the payments will be reduced by 5eureos.is this worth considering/

    • #195780
      Pazza
      Participant

      Banco Sabadell are one of the worst culprits in this area I would advise that you do not take the fixed rate (if it’s not too late).

      The Spanish equivalent of the consumers advice bureau (OCU) have a web-site that will help you calculate what you are owed and also assist you in recovering the money. Without deducting 20% of it.

      https://www.ocu.org/dinero/hipotecas/consejos/devolucion-extrajudicial-clausula-suelo

      Use Google Chrome as your web browser and it will translate the Spanish for you.

       

       

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