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Floor Clause Claim Process
Get back what you have overpaid
What do we need to study your case?
- A copy of the mortgage deed.
- Amortization table of the loan of the instalments paid since the beginning of the loan until the current date.
- A copy of the documents signed with the bank, for the floor clause, such as deeds for novation, commitment of suppression of the floor clause, etc.
How do we make our claim in court?
- Our office adds up to the demand for the floor clause to be void the action of reclaiming the overcharged amounts. That is to say, not only is the clause void from then on with the savings this entails, and a decrease in the mortgage instalments to be paid, we also request for the amounts overcharged because of this clause to be paid back.
- Because of this, the time has come to make the floor clause of your mortgage loan void and to enjoy that extra money that belongs to you and not to the financial entity.
We guarantee the removal of the clause
- In the case that the mortgaged property is a house and that the owner is a natural person the removal of the floor clause and the refund of the overpaid amounts since the implementation of the Floor Clause is guaranteed. That is to say, since the Floor Clause is under the Euribor.
Don’t allow yourself to be intimidated!
- Banks faced with the avalanche of Floor Clause claims launched a ruthless search of clients, to make them sign a document, because of which the floor clause was removed or they lowered the type of interest rate, but in exchange they would make the client sign that they would not claim in court the paid amounts.
- Unicaja, Banco Popular, Cajas Rurales, Cajasur, Sabadell, etc. have used these type of agreements, and have performed banking malpractice. These agreements are declared void by the Courts, even if the clients were informed that with the signing of said agreements they renounced being able to make judicial claims against the Bank. These agreements are illegal because they go against Consumer Law because their rights cannot be renounced.
- If they have suppressed the floor clause but haven’t given back the overpaid amounts, it will be possible to claim all of the amounts paid for applying the floor clause.
- If it has been charged just since may, 2013, it will be possible to claim according to a sentence from the TEJ of a retroactive nature since the beginning of the mortgage.
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