Floor Clause (Clausula Suelo) Claim

This topic contains 2 replies, has 2 voices, and was last updated by  Pazza 2 months, 1 week ago.

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  • #214564


    Has anyone had any success as yet reclaiming money from the Banks?

    I understand the Courts are grinding to a standstill under the weight of claims being filed, 16000 a month I hear.

  • #214649


    WE have spent the last few weeks going through the process ourselves with BBVA>

    It has been difficult and they have refused on the mortgage administration costs issue as they say that there is a 15 year time limit. We took the mortgage in 2001 but I cannot find out if this is correct.

    They have also refused on the floor clause but this has gone back to them as an appeal and we’ve asked for a full statement of mortgage payments – which we never received from them over the period of the mortgage.

    My sense is to hand it to a legal expert at this stage.

    I’d also love to know if anyone has succeeded doing this on their own.

  • #214742


    I don’t think there is a time limit on Floor Clause claims unless the mortgage has been paid off, at which point I think you have another 5 years to take legal action.

    I think you are right about needing a lawyer. The problem is they are so greedy, asking 20 to 30% +IVA of any money recovered and when you read their small print, if they recover court costs they want to keep those as well. On top of this, they want to add set-up costs, POA costs, notary costs etc.

    Having failed all appeals with the European Court of Justice you would think the Bank would actually obey the law now but that would require the government to have the interests of customers ahead of Banks, when it is clear that the Banks are their primary concern.

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