Mortgage Compensation Mortgage Mis-Selling Scandal
Over 4 million mis-sold mortgages
Smaller payments and compensation
Onus on individual to seek compensation
If you signed a mortgage before 2008 and have not noticed significant decreases in your mortgage payments over the last 6 years you could have fallen victim to this situation and could be due compensation.
What you need know about “Cláusula Suelo”.
Mortgages Ruled ‘Immoral’
Most Spanish Banks, in order to limit their liabilities, placed a “Cláusula Suelo” into the vast majority of their mortgages. This clause has been flagged by Spanish Courts as ‘immoral’. This ruling has forced lenders to reduce the cost of repayments and in many cases to pay compensation.
Clear Case for Compensation
There is a clear case for compensation; at the very least there should be a noticeable drop in the monthly mortgage payments. The mortgage holder must first find out if the lender has behaved unethically, then it is relatively straightforward to gain compensation for the defective mortgage.
Onus Placed on Claimant
While financial institutions in Spain have been ruled against in the Courts, for the most part, they are not obligated to act; unless asked to by the person holding the mortgage – the onus is on the individual claimant, firstly to check if they come under this legislation, then to seek compensation.
“Cláusula Suelo” Explained
The “Cláusula Suelo” was a means by which Spanish financial institutions continued to charge a higher rate of interest than would otherwise apply if they were to follow the Euribor Rate. On the 9th of May 2013, the Spanish Supreme Court issued a ruling which in effect said that ‘such contracts lack clarity and transparency’ and that the clauses were hidden deep in an ‘overwhelming amount of data’ saying that although not ‘illegal’, the practice is ‘immoral’.
They ruled that recompense should be made to those who have been overcharged, many Mortgage holders should receive compensation, but need professional advice to get it.
Pennick Blackwell are Independent financial advisers with over a decade of experience within the Spanish and UK financial sectors. All our advisers are fully qualified and regulated to UK standards. Our unique approach helps advise clients and tailor all their financial requirements to their own specific needs. We have advisors throughout Spain and the Islands and bring a wealth of experience dealing with the special circumstances of UK citizens resident in Spain.
If you wish to discuss the situation and see if you are entitled to a rebate on your mortgage payments, contact us today at Pennick Blackwell for a free, no obligation discussion.