In the worst case, if the period starts to run when the Supreme Court has established case law on the reimbursement of costs in a ruling of 23 January 2019, the last day of the period for the trial, if it has not been interrupted earlier , will take place on April 14, 2024.
The Basque Consumer Institute, Kontsumobide, last week recommended that claims for mortgage charges against banking entities should be submitted by January 22. This recommendation is based on a legal interpretation that sets January 22, 2024 as the deadline for submitting claims to the banking entity with which the mortgage was concluded.
In concrete terms, the origin of the said information arises from one of the possible answers given by the Court of Justice of the European Union to one of the three preliminary questions asked by the Supreme Court in 2021 regarding the aforementioned limitation period. Problems have not yet been solved and it won’t take long to solve it.
The Supreme Court referred to the Court of Justice of the EU what was the first day to be taken into account when counting the five-year limitation period generally provided for in our legislation for claims for, among other things, amounts. .
This is how he presented Europe: three possible scenarios:
If this five-year limitation period commences at the time that the court declares the clause imposing the payment of all mortgage payments on the consumer to be unlawful and therefore null and void.
If the period starts to run at the time that the Supreme Court has established case law on the reimbursement of costs in a ruling of January 23, 2019. It is true in this case that the period should initially end on January 23, 2024, but we must take this into account, and therefore add to the said date the 82 days of the state of alarm declared as a result of the pandemic, a period during which all legal deadlines were suspended. Therefore, if the European Court decides in favor of this scenario (the worst of all the scenarios proposed), the last day of the period for filing a lawsuit, if not previously interrupted, would be the April 14, 2024.
Finally, it is asked whether the limitation period should start from the issuance of the European judicial decisions that decided on limitation periods, dated July 9 and 16, 2020. In the latter case, the period to bring an action would end on the dates result in adding 82 days to July 9 or July 16. July 2025 respectively.
In conclusion, the worst-case scenario deadline for claiming mortgage costs would end on April 14, 2024.
What amounts can be recovered?
After many and varied judgments have been given both by our courts and by the European Court, the amounts that can be recovered from the mortgage charges have already been determined with absolute clarity to date, if the clause relating to them is annulled due to abuse , and which are the following: 50% notary, and 100% property registration, management and valuation.
To the resulting amount we must add the interests legally valid from the date on which funds were provided to the bank’s management, which coincides with the date of signature of the public mortgage deed.
How to declare mortgage payments
The first step the consumer must take is to present a claim at the Customer Service of the entity with which the mortgage loan was concluded or, if applicable, of the new entity that merged or absorbed the entity from which the money was requested for the formation of the company.
After two months have passed since the claim was submitted, and provided that Customer Service has not responded or the response has been negative, the consumer may submit the relevant claim. court case.
Source: EITB
I’m Wayne Wickman, a professional journalist and author for Today Times Live. My specialty is covering global news and current events, offering readers a unique perspective on the world’s most pressing issues. I’m passionate about storytelling and helping people stay informed on the goings-on of our planet.
