If you have a mortgage loan and need to resolve a claim and calculate your money, you must know the Form to Claim Land Clause to the Bank.
Keep reading, here we will give you complete information on how to make this claim and how to calculate exactly the money that you should be paid.
Steps to Process the Form to Claim Land Clause to the Bank
Before knowing the form In order for you to claim the floor clause from your credit institution, we recommend that you learn about the extrajudicial claim system.
It is important that you know that it is your bank that must inform you of everything related to the extrajudicial procedure. The procedure for the return of the amounts involved is free.
Make sure that your credit institution provides you with information about the department or service for handling these claims. You should be notified of the response time to your claim, since It is obliged to respond to you in 3 months from when you submit it.
It should also provide you with normative references of transparency and protection that you have as its client. Within this, everything about the extrajudicial claim procedure.
Now yes. Let’s go to the form. The data that you must complete are the following:
- Your identification as a claimant: name, surname and full address.
- The characterization of the loan entity. Address the document to the Customer Service of your bank.
- Indicate the place and date.
- Point out the issue. You could write clause phrases like these: interest rate variation limit, or claim against floor clause.
You have to know the requirements that must be taken into account when making the claim. Along with the form for you to formalize the claim, you must have your identity documents.
- Have a photocopy of your ID.
- Make a copy of the letter or document that you must send to the Customer Service of your bank.
- In the letter, claim the cancellation of the floor clause and have a copy of the document in response from the bank.
- Have the legal deed of the sale and the application of the floor clause. Present it in original and copy.
- Take foresight and submit the binding offer.
- Finally, fill out the Form to Claim Land Clause from the Bank.
We recommend that you add any documents that you think will contribute to the claim request
- Enter the portal Web from the bank, get the form and go to make your claim.
- Once you have everything ready, let’s go to the step by step of the claim form for the floor clause to your bank.
- Keep in mind that from then on you will have a file for the investigations of the case. The loan entity will have a total of fifteen (15) business days to formulate and present its arguments.
- It is important that you are aware of every moment. If after the investigations the entity to which you complain accepts your request, the procedure is paralyzed.
- You should receive a report from the bank where your claim was approved. Pay attention to see that It has been granted to you by the Claims Service of the Bank of Spain.
- If you do not agree with the answer that the bank or financial institution gave you, immediately put yourself in the hands of a lawyer. You are procedurally bound to do so.
- An important note for you: according to Law 1/1996 on Free Legal Assistance, the payment for a lawyer or solicitor is paid by the Ministry of Justice or the corresponding Autonomous Community.
We need to tell you that the loan entity must calculate and notify you of the itemized amount that they have to repay you. Require them to comply with a period of fifteen (15) days for you to reach an out-of-court agreement with them. If it doesn’t, it won’t give you any amount.
It is necessary that, in all cases, steps and requirements, present two copies of the documents you provide: one for the bank and another to be stamped as proof of delivery.
A NOTE FOR YOU TO TAKE INTO ACCOUNT: It is essential that you expressly indicate in the document the bank with which you made the mortgage. You wonder why. And is that many banks have disappeared, while others have been absorbed by other entities.
If your mortgage is with the same bank with which you initially signed, simply indicate it without any problem.
Once you have completed the form, we advise you to review it. Verify that the information is complete and correct and save the changes you make. Only then can you print it safely.
Very important: if your case is a debt restructuring, after you print your application, you must mark the corresponding boxes on the form.
Wherever it touches you, bank, court or administration, check that they return a stamped and dated copy indicating entry of your document. Seal all the sheets.
We hope not, but if they refuse to seal your copy, request consumer claim sheets (beware, they are not the entity’s internal sheets). If they insist on a no, call the local police and wait at the entity: they will present a formal claim of the refusal you received from the bank.
Usefulness of the Form to Claim Land Clause from the Bank
Although you may not be aware, it is good that you know that the floor clauses were already present in your mortgage loan contract. You did not give yourself a hard time, but they were forcing you to pay more than you owed.
Don’t feel bad, you weren’t the only one. The form to Claim Ground Clause to the Bank will help you to face these abusive clauses.
It is important that you know that since 2017 there is this extrajudicial solution procedure (Royal Decree-Law 1/2007). Present the form at the mortgage loan entity and ask for a refund of what they improperly charged you.
Now you are better informed about these clauses. So, check your mortgage and identify if it has a floor clause. Get in touch with specialists in the field. Don’t feel lost.
You have the help you need to do the paperwork: from an out-of-court claim to having to go to court.
Unfair terms in bank contracts are more frequent than you might imagine. That is why we recommend that you read carefully and take good advice before signing a mortgage loan contract.
What is the Floor Clause?
We are interested in helping you to know everything about these excessive clauses. Follow the step.
Here we explain that the floor clause (or mortgage floor) in a mortgage loan and the purchase of a home through a variable interest mortgage.
Note that it is the stipulation of a minimum limit to the interest that will be applied to the installment, even if the interest rate goes down.
As you can see, it is a clause that basically benefits the bank. That’s right, how you’re reading it: if the interest goes down, this clause prevents the decrease from being reflected in the monthly fee.
Get in tune. Discover that in Spain the floor clauses are illegal.
You have to know that banks and savings banks must reimburse you for all the money they charged you for the floor clauses, from the moment you signed the mortgage until you got your home.
You must be alert with something else. There are banks that will offer you fixed rates in exchange for not returning the extra cost of the floor clauses.
With the form to Claim Land Clause as a user, you are giving the mortgage company the opportunity to avoid a lawsuit. You can have the clause removed voluntarily, or you can initiate the corresponding claim with the Bank of Spain.
You should know that you are not obliged to use the forms that the entities have. Even if they insist, you can file the claim freely, as you deem necessary.
Of course, record everything you do in the claim process. We advise you to be able to obtain the bank’s stamps on each copy of the document. In this way you will have a record of the days it will take to give you a answer.
As simple as that: the extrajudicial procedure is voluntary for you and mandatory for banks.
What is the Form to Claim Land Clause from the Bank?
So far we have already given you the necessary information about the Form to Claim Land Clause to the Bank.
Now we want to leave you the main characteristics of the request model for the elimination of the floor clause:
- Be aware that it is a model adjusted to Royal Decree-Law 1/2017, as an urgent measure to protect consumers in terms of floor clauses.
- You should be aware that it is a document drawn up according to the jurisprudence of the Supreme Court.
- You should also know that it is a document that makes it easier for you to comply with the requirements of the claims service of the Bank of Spain.
- Allow you to send it via certified burofax and with acknowledgment of receipt.
- You must present it in Word format.
We clarify another aspect: The report must be drawn up by the Claims Service of the Bank of Spain.
We have complied with giving you advice. But we are also responsible and we tell you that you should seek legal advice from the beginning of the process until it is successfully completed. We have no doubt that you will make it.
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