14 March 2022

What does the success of my claim depend on?



It depends on the judge’s decision in regard to the transparency test of the affected clause. If the judge considers that it does not pass said test, it will be declared unfair, and therefore null and void. This means that you would get your money back.

According to the Spanish Supreme Court, the clause cannot pass the transparency test if you do not have a qualified financial operator profile and:

  1. You have not been thoroughly informed of the implications of
    the ‘floor clause’.
  2. You have not received simulations for different scenarios on
    how the ‘floor clause’ can affect you.
  3. You have not been given clear information beforehand. Nor
    have they compared your loan with other types of mortgages offered
    by the bank.
  4. The clause is located amidst an overwhelming amount of
    information that keeps it camouflaged.

Did you find the information useful?

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