The Council of Ministers shall adopt, as planned, a code of good practices to resolve speedily and cheaply to the situation created after the judgment of the Court of Justice of the European Union of the 21st of December.
The CaixaBank is one that must cope with increased loads. Photo: Special
The Council of Ministers shall adopt, as planned, a code of good practices to resolve speedily and cheaply to the situation created after the judgment of the Court of Justice of the European Union of the 21st of December.
The code of good practice will be voluntary participation, but those who adopt are required to fulfill its mandate.
In the ministry to study the legal formula that could be a decree of law. The commission of State secretaries and under-secretaries, chaired by Soraya Sáenz, vice-president of Santamaria, discussed this project in its preparatory meeting of the Council of Ministers.
The economy will require the constitution of a special unit in each bank to cater to around 1.5 million customers with mortgage loans linked to clauses ground abusive.
The european court has given the reason for these servicers and the banks will have to return all that they charged more for the life of the loan in the cases in which the clauses soil, are considered unfair and not only from the may 9, 2013, as set at the time the Spanish supreme court. The Bank of Spain’s figure in a little more than 4,000 million euros and the returns that must perform the banks.
The special units that you must create the banks shall respond to the requests of the customers and will determine the timing and the formula for the returns, which may be made in cash or used to repay the outstanding principal of the loan, if you have it. These units may be required to have a representative in specific offices of the entities.
follow-up Committee
To monitor the development and compliance of these mandates will create a monitoring commission, which will take part representatives of the ministries of Economy and Justice as well as the Bank of Spain. It has not yet been fully closed, its composition, which could include some other department or institution.
The Ministry of Finance will be involved in the return, as the process has tax implications for the holders of the mortgages with clauses soil.
The purchase of a principal residence has tax cuts in the personal income TAX, so the collection derived from the clauses soil involves an alteration of the accounts with the Treasury that will need to be resolved. The banks will have to communicate to the treasury the detail of the refunds made for this item.
The Code to be adopted by the Council of Ministers shall prescribe a period of weeks for the resolution of claims of the customer from the moment in which they occur. They have already produced at least two sentences of courts Spanish that you apply the judgment european to find in favor of the client to the banks, Sabadell in a verdict in Oviedo, and Popular in another in Barcelona, have to return what is considered to have been overcharged to its customers.
The banks have reported their estimates of the impact that they will have to assume. In absolute terms, CaixaBank, BBVA and Popular are the ones who will face higher charges, although in relative terms Liberbank is the most vulnerable. Santander and Bankinter would have no exposure to this risk by not having marketed mortgages with clause ground. The ruling european assumes that the entities have that provision between 2,000 million and 2,500 million euros.
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