Murcia, April 2017.
In relation to multiple information that have appeared in media regarding to the Ground Clause of the mortgage, and for the purpose of having a knowledge more in-depth and technical as possible, we are writing to you to inform about the possibility of claiming amounts of money that financial institutions had improperly charged you through the application of the so-called Ground Clause and other similar concepts in the housing mortgage loans, in accordance with the Spanish legislation issued in application of the jurisprudence of the Court of Justice of the European Union.
Recently it has issued Royal Decree 1/2017 that regulates a voluntary out-of-court procedure of application to mortgage loans that include a Ground Clause whose borrower is a consumer, as in your case, in accordance with the documentation that we have.
It has established a system of claim prior to the filing of lawsuits, is voluntary for the consumer. Below we offer a summary of the main milestones of the claim system, in which we can provide integral and comprehensive advice, all to avoid litigation of these matters:
The client sends an initial claim to the financial institution and thereafter the bank has a maximum period of three months to make a calculation of the amount of money likely to return with inclusion of the interests and communicate it to the customer. In the case that the financial institution consider that the return is not appropriate, it shall communicate the reasons that motivated his decision, in which case it shall be terminated the out-of-court procedure.
When the consumer receives the calculation must be manifest his conformity or not. If so, the financial institution will agree with the consumer to return the cash. Once received the amount the procedure would be terminated with amicable agreement.
In any case, if the financial institution rejects the request of the customer; if it does not answer the request made; if the customer does not agree or even if not received within the above period the offered amount means that the out-of-court procedure has ended without agreement, starting in their case the judicial claim.
The complexity of the process, and the possibility of having to file claim demands, make the integral advice during the out-of-court voluntary process a requirement of stricter prudence.
The consulting service of this firm includes the possibility of consultations to clarify doubts about the possibility to claim through the identification of the aforementioned Ground Clause, quantify the claim in its case to make, receive personal advice regarding the possibility of negotiating with the Bank or in general any other aspect of such a relationship including the review of the documentation, as well as the claim of other concepts such as the expenses unduly satisfied by you in the process of formalization of the mortgage, also in accordance with recent rulings of our courts of Justice.
Our services have no initial cost, with regard to the processing of claim both extrajudicial and judicial, only in case of success of the claim would be charged a percentage of 10% of the finally retrieved and recovered by our customer.
If you are interested in receiving more personal information, can do so by calling our telephone 0034-968.355639, e-mail email@example.com or through our website www.guillamon-martingil.com