Regarding the costs of the trial
Paying legal costs even if having good chances for winning a case against banks, may be deterrent rather than effective and may prevent consumers from taking legal actions against banks, especially if the amounts claimed are moderate.
But Sala I of the Supreme Court has ruled and established, as a general criteria, that those banks sentenced by unfair terms and conditions established in their mortgages must pay Court Fees of the first two instances: First Instance Courts and Province Courts, if they have been exempt from doing so.
In this way, The Spanish Supreme Court has adjusted its doctrine to the European Court of Justice (CJEU), as El Confidencial states in its news.
With regards to the mortgage expenses for setting up the mortgage
Claims for the mortgage set up expenses of constitution of the mortgage (notary, registry, appraisal and management) increase every day.
As we read in El Confidencial, Central Bank of Spain (Banco de España) issued more than 60% of reports in favour for customers affected by floor clauses (Check Bank of Spain Complaints Report for 2016). This report is on the opinion that Banks, in 3 of every 10 cases, banks have followed up the Banco de España recommendations’. Nevertheless, Spanish Courts ruled in consideration of this report. Hence, this fact, guarantees the rights of consumers before starting a claim against banks.
Those who claim abusive clauses or mortgage set up expenses, may feel somehow more protected by the Spanish Institutions against banks, in both cases; Supreme Court case law and current reports from Banco de España.
Del Canto Chambers Lawyers are actively working to guarantee the best professional practice in Court for our clients who have already trust in our firm to claim their money back against banks.
Laia Fernández Bernálte
Del Canto Chambers