At Tecem Lawyers and Advisorsleaders in tax law and advice in Málagawe are committed to defending the rights of consumers against abusive practices. We know that many people have been affected by abusive clauses in their contracts, especially in mortgage loans. Therefore, we work to ensure that their rights are respected and that they can recover what they are entitled to.
A recent ruling of the Supreme Court (SC 4-10-24, EDJ 703138) confirms the possibility of requesting the nullity of abusive clauses, even after the cancellation of a mortgage loan. This ruling is a great step forward in consumer protection, as it recognizes the importance of defending their interests even after having settled the debt with the bank.
The importance of legitimate interest in the nullity of abusive clauses
The case in question deals with a mortgage loan in which the consumer was obliged to assume the incorporation costs and to accept default interest, clauses that were subsequently declared null and void as abusive. In the first instance, the Court of First Instance (JPI) annulled these clauses and replaced the default interest with remunerative interest. However, the Provincial Court (AP) rejected the legitimate interest of the consumer, arguing that the loan had already been cancelled and the action was only declaratory.
This interpretation generated uncertainty about the rights of consumers in similar situations. Many people have found themselves in the same position, mistakenly believing that, having finished paying their loan, they can no longer claim. However, this recent Supreme Court ruling has made it clear that justice is still on their side.
The Supreme Court corrected this position and established that:
- The legitimate interest subsists even after the cancellation of the loan, since the declaratory nullity may facilitate the restitution of the amounts unduly paid.
- The legal uncertainty about the effects of these abusive clauses justifies the need to declare them null and void, thus protecting the consumer.
This ruling reinforces the right of consumers to act against abusive clauses, regardless of the status of the loan. It is a step forward in the fight against unfair practices affecting thousands of people.
throughout Spain.
How does Tecem Abogados y Asesores protect consumers in Malaga?
At Tecem Abogados, our mission is to offer personalized and professional advice in the defense against abusive clauses. Thanks to our updated knowledge of jurisprudence, we can guarantee consumers:
- Review and analysis of mortgage loans to identify possible abusive clauses.
- Specialized legal representation in proceedings for the nullity of abusive clauses.
- Advice on consumer rights in relation to banking entities.
- Management of claims for the refund of unduly paid amounts.
We know that taking on a bank can seem like a complex challenge. However, with the support of an experienced legal team, consumers can claim with confidence and achieve the justice they deserve. That is why our team works to ensure that the rights of citizens are protected against unfair practices, offering effective legal solutions for the recovery of undue amounts.
Contact with Tecem Abogados y Asesores
If you believe that your mortgage loan includes abusive clauses, at Tecem Abogados y Asesores we are here to help you. Our team specializes in achieving the nullity of abusive clauses and ensuring the best result for our clients.
Trust Tecem, your reference law firm in Malaga for the defense of your rights.