According to the consumer association EKA/ACUV, the financial institution has accepted the nullity of the unlawful clauses and therefore the affected people do not have to go to court to collect them. EKA recommends that the application be processed before the end of the year.
Kutxabank will return mortgage formalization costs wrongly charged to their customer base, without that this must be done go to court, as announced on Thursday by the Euskadi consumer association EKA/ACUV. As indicated, it is sufficient to present invoices and proof of payment that the financial institution will repay these amounts.
The Supreme Court ruled in a January 2019 ruling that customers and banks must divide the mortgage costs. Specifically, it ruled that the registration fees should be paid by the entity, something that in the case of Kutxabank had hitherto corresponded to the customer base.
As explained by the association, this fact is the result of a extrajudicial claim presented by EKA/ACUV. Until now, affected people had to file lawsuits to get refunds. From now on, according to EKA, it will only be necessary to provide “invoices in the case of formalization costs; however, in the case of claims for positions, it will be sufficient to provide proof of payment.”
However, the association recommends that affected people file a claim. before the end of the yearas the annulment could expire in January 2024 (five years have passed since the Supreme Court ruling).
The association has described the news as a “victory” and confirms that “it not only benefits those affected by the Kutxabank clauses, but also emphasizes the importance of collective actions for the protection of the rights of consumers of the CAV”.
Source: EITB

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