According to Kontsumobide, various rulings upheld by the Supreme Court have determined that the management, valuation and registration costs in their entirety, as well as 50% of the notary costs, must be borne by the banking entity granting the mortgage loan.
The Basque Consumer Institute Kontsumobide has recommended this to consumers claim reimbursement of valuation, registration, management and notary costs. The recommendation comes after the ruling of the Court of Justice of the European Union on January 25.
The CJEU ruling has opened the door extend the limitation period so that customers can request the banks to reimburse these costs when the clause is unlawful, since, according to the court, the consumer must be able to know his rights before the term begins or expires, and must have sufficient material time to provide a remedy.
Given this situation, Konsumobide legal services are studying the consequences of the ruling of the Court of Justice of the European Union. This is a ruling issued following two preliminary rulings by the Provincial Court of Barcelona, but the resolution of another preliminary ruling submitted by the Supreme Court to the European courts is pending.
In any case, that is what Konsumobide concludes other scenarios opened up, more favorable for the consumer. In these scenarios, the recommendation of the Basque Consumer Institute is that people who signed and claimed your mortgage loan before June 16, 2019 before your bank’s customer service recognition of the abuse clause and repaying unduly paid amounts as soon as possible.
To this end, Kontsumobide has reminded that in order to exercise said claim, the consumer must contact the Customer service or Customer Ombudsman of the banking entity, which has the obligation to respond within a maximum period of one month.
According to Kontsumobide, various rulings upheld by the Supreme Court have determined that the management, valuation and registration costs in their entirety, as well as 50% of the notary costs, must be borne by the banking entity granting the mortgage loan.
Source: EITB

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