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Hipoteca Tranquilidad Banesto
Provincial Court of Madrid and Alicante have ruled in favor of banking clients, who have already recovered overpaid interests.
¿Did you subscribe an "Hipoteca Tranquilidad" without being informed of the risks you were taking?
Banesto showed you an apparent tranquility of a constant quota with a slight annual increase of 2,5% per year, having you accept in exchange a fixed rate of 5% during the first 10 years and then an Euribor plus 0,7 points throughout the remaining years, all of it by means of an excessively complex setup.
And what is more important, Banesto placed you said financial clauses knowing the prospects of an inmiment market rates´s downward evolution, and this way it hid you the disastrous consequences such upcoming economic context was to suppose for your loan.
Banesto at no time offered you simulations or examples showing the economic risks of your loan in case market rates diminished. By viewing the bait of a constant quota you were placed a "covert ground floor clause". As a result, you had to face your monthly installments were constantly growing, your pending capital did not decrease but rather sometimes it even increased, and furthermore you were paying a 5% rate whereas market rates were close to 1%, 0% or even negative.
In addition, according to loan terms, you would not be allowed to know exactly how much money you were being borrowed, and even in certain circumstances said loan was exposed to rise; likewise, due to the complex loan setup your were not able to know the accurate deadline of your loan.
In June 2018 both Provincial Court of Madrid and Provincial Court of Alicante have ruled that financial clauses of "Hipoteca Tranquilidad" are abusive, an in turn have got rid of them and doom the Bank to reimburse customers overpaid interests, that is, those exceeding Euribor interest rate.
Palomar Abogados attorneys expertise in banking law and abusive mortgage loan clauses, having won 100% of their claims. Bring us your "Hipoteca Tranquilidad" mortgage loan, and once we have analyzed its financial clauses we will file a lawsuit with the Court in order to recover those interests you paid in excess.
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Frequent Questions
¿Can i claim even though I subscribe my mortgage loan more than 11 years ago?
Of course.
As long as your mortgage loan is in force, you can file a lawsuit to request the nullity of abusive financial clauses and demand the refund of overpaid interests.
Even if mortgage loan term has expired, still you have available a four-year term for claiming purposes counting from mortgage expiration date.
¿What is the actual reason why I can claim?
Lack of transparency incurred by financial clauses placed within the mortgage loan is why you can file a claim with the Court.
Upon commercialization of the loan your were not adequately informed, as a consumer, of neither nature nor risks of those financial clauses you were signing, in breach of European Council Directive 93/13/CEE, of April 5 and General Law for Consumers and Users Defense.
In short, your were forced to accept several abusive financial clauses.
A legal solution is available and you can not miss it. Do not put up with being applied abusive financial clauses and being charged more interests than those you would have paid had you had been properly informed. Our lawyers will file a claim to void all abusive financial clauses of your "Hipoteca Tranquilidad" , demand recalculation of your loan and ask for refund of those interests charged in excess due to abusive "Hipoteca Tranquilidad" mortgage loan conditions.
¿What if, on formalizing the mortgage, I declared to know the contents of the clauses and their risks? ¿Would it prevent me from claiming?
Not whatsoever.
Even in such a case, financial clauses of your "Hipoteca Tranquilidad" would be deemed as abusive, and thus you could go to Court so as to claim all the same.
So much so, that precisely Spanish Suprem Court has ruled in its judgement 464/2013, of September 8, that reading of the mortgage deed in itself does not supplement fulfillment of transparency obligations.
¿Which papers should I provide you with in order to handle my claim?
You must bring us or send us by e-mail the following documentation:
- Mortgage loan deed.
- Bank statements.
- Any other documentation, e-mail or correspondence relating to said operation.
- Any suitability or convenience test you might have signed.
Attorneys of Palomar Abogados, in their capacity as specialists in banking law, will assist you in reviewing the documentation and will even require the bank, if necessary , whatever documentation you might be missing.
¿Can I claim from anywhere in Spain? ¿Is it possible holding a meeting at my home or my office?
Of course.
Call us and you will see how simple it will be.
Our attorneys will process your claim regardless the province of Spain where you reside. Even if need be, we will move wherever you are in order to to assess your particular situation concerning the "Hipoteca Tranquilidad" mortgage loan you subscribed.
¿How much do your attorney fees amount?
Your will only be charged our attorney fees if the claim is successful, and such a fee will consist on just a minimum percentage of the amount you recover from the bank.
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