ES | ENG

swap

Did they offer your company or your business a swap contract under the pretext of covering a loan against the rise in interest rates?

What supposedly was intended to be an accessory contract aimed to cover your loan against the increase in interest rates, was in effect a complex and extremely risky agreement exposed to disproportionate negative settlements against you and huge losses for your business, as unfortunately it turned out to happen.

Without anyone in the bank warning you at the time you signed the swap,  you found yourself with a spiral of losses. The cancellation costs of the swap were very high and unaffordable, and probably your were obliged to negotiate with the bank new swap contracts to replace the previous swap, thus even worsening the situation. Or it is even possible that you decided an advanced cancellation of your loan thinking it would improve the situation,  without any result, since the swap was doomed to remain in force. In short, your business incurred in very large losses you never had imagined beforehand.

The bank breached the legal duty to inform you, as a retail customer, of the true nature of the "swap"  product and its associated risks.

Therefore, you have the perfect possibility of reversing the situation and recovering the money your company lost due to the fraudulent commercialization of the swap by the bank.

Spanish Supreme Court has ruled on several occasions, last of them by means of Sentence 89/2018, of February 19, in favor of the clients that signed the swap contract.

Go to Palomar Abogados. We will defend you. We will file a claim with the Court requesting the cancellation of the swap or else compensation for damages, so that you can recover the amount that your company lost because of the subscription of said product.

Specialization of our professionals in demands related to complex financial products, verifiable in multiple judgments published on our website, makes Palomar Abogados the best option for those companies or individuals who signed a swap and intend to recover the large losses they unjustifiably suffered.

Any questions? Want to find out more?

Call us now or simply fill out our contact form and we'll
get back to you at a time that suits.

Frequent Questions

¿What specific legal breaches were committed by the bank?

Given the "retail client" status your company or yourself as a self-employed person have, the bank should have evaluated whether, taking into account  the financial situation and objectives of your company, the swap product was an advisable product; furthermore, the bank should have made sure you adequately understood the nature of the product and risks associated with it, but it didn´t do that at all..... The legal obligation to inform your properly was not fulfilled, causing you the consequent economic damage; therefore,  you have the right to request the nullity of the contract or the compensation of damages, so as to recover in this way all that money your company lost.

¿What if it´s been more than four years since the swap expired? ¿Would I be out of time for claiming purposes?

Absolutely far from that.

Even if that case it is perfectly feasible to file a lawsuit to request compensation for damages and recover successfully your money in exactly the same way, regardless the fact that a nullity action term might have expired. 

As a matter of fact,  Provincial Court of Valencia in its judgment 682/17, of December 12, even considering expired the nullity action for having elapsed more than 4 years since the swap termination, condemned the bank to indemnify its client damages and losses for the amount of the loss that he suffered.

For any swap contract ending after October 7, 2005, in accordance with current civil legislation, the period for filing the legal action to request compensation for damages prescribes in October 7, 2020.

¿Which paperwork should I gather and send you? ¿What if I don´t locate it?

You can either deliver or e-mail the following documentation to us by e-mail:

Loan contract
Swap contract.
All bank statements in which interests´settlements appear, both in favor and against you, due to the swap contract terms.
Any document, of whatever kind, that you have signed in relation to the loan or the swap contract, as well as any correspondence or e-mail documenting your dealings with the bank regarding such operation.
Do not worry in case you face difficulties in ordering your documentation, or if you miss some z
specific documents, cause we will help you in that matter and if necessary we will ask the bank for the documents on your behalf.

¿can you handle my lawsuit even though I live in another province?

Of course, without the slightest problem.

We take lawsuits throughout Spain, and your place of residence is no problem for us to take your case.

You do not have to move from your home if you assign us your claim.

¿How much does your fees cost?

Should you win the trial, in addition to recovering your money, lawyer fees will not have cost you a single euro, because our fees will be paid by the bank.

Other Banking Law services

In Palomar Abogados are specialists Banking Law. Below we show you other Banking Law services that may also be of interest to you.


Contact Us

Message sent correctly
Check the form data