As a result of a Supreme Court ruling, all banks are obliged to return the money overcharged for abusive floor clauses. The decision is firm and can no longer be appealed: the banks must return it, no matter what.
Faced with this scenario, from Gestingral we recommend to all claimants, before carrying out any procedure, to get advice on the crux of the matter: how much money do they have to return to me? In our office we are finding many cases in which the amount given by the bank is lower than what the mortgage holders should receive. Therefore, step number 1 must be to get good advice. At Gestingral, where we have an advisory service for abusive clauses – land and IRPH – or wherever you have the most confidence.
But that is not all. It is also necessary to get good advice on the best way to recover this money once we make the claim. Banks have a period of 3 months to make the payment, which can be in cash, minus mortgage payments,… And it is vitally important to know which option benefits us the most in terms of taxation.
In this sense, from Gestingral we warn that the Treasury can account for interest as income, and therefore, if we are not well advised, it is more than likely that much of what the bank pays us will end up in the coffers of the Administration.
In short: if you have a bank clause, first get good advice.
