Spanish Bank Claims Frequently Asked Questions
How does the negotiation with the bank work?
We are very careful in analysing your mortgage contract before deciding how to approach your bank. Since we have lawyers across the whole of Spain, we have experience with multiple entities and jurisdiction. Our preferred outcome is to solve matters directly with the bank; however, we strongly advise our British clients not to pursue this action independently. This is because, under the current legal regime, banks can settle without offering full compensation. We will ensure this is not the case.
How do you assess my mortgage?
We will need a copy of your mortgage deed “Copia Simple” and invoices of your mortgage expenses (notary deed expenses, land registry costs, property appraisal and other costs). The analysis of these documents is free of charge and our firm will let you know of the possible outcome. If you think that it is worthy for you to claim, you should know that our firm works in a “no win no fee basis”.
Why do I need a lawyer to make these claims?
As you probably know, the Spanish legal system is quite different from the UK legal system. One of the specific traits is that, in Spain, cases of this type only admit a single court process. Equally, in terms of dealing with banks and other institutions, Spanish lawyers are better acquainted with the timings, formalities and paperwork expected by authorities in the country. Our team of expert lawyers has been dealing with abusive mortgage terms for a long time and can attest to a high degree of success.
How will you represent me if travel to Spain is suspended?
We are in constant communication with our partners in Spain, who will be able to act on your behalf. Besides their expert knowledge, they are based in key zones across the country, according to geographic criteria. See our About Us page to get to know our legal expertise and approach.
How does power of attorney (LPA) work?
Under British law, the property and financial affairs power of attorney allows solicitors to act to make decisions on your behalf; always with your permission. This can help us act swiftly to resolve your case in Spanish courts or in negotiations with Spanish banks. As soon you reach out to us, we will conduct the necessary steps to deal with your case in Spain.
What are the fees and costs involved ?
There are no costs involved in the initial consultation, and we will never ask you to pursue legal action if your possible refunds amount to less money than we would hope to claim from your Spanish bank. We offer to act on your behalf for a fee of GBP 950.
Do I need to travel?
No. To guarantee the highest rate of success, our clients can rely on experienced Spanish lawyers to deal with abusive claims and other matters, wherever their property is located in Spain.
What services do you offer?
Our approach is simple: we are committed to look at your mortgage documents, assess whether you have been imposed unfair clauses or costs, and get back to you with a proposal. Once you give us the green light, we will keep you informed and act accordingly; aiming for a prompt repayment. Our approach is “no win, no fee”, because we are truly confident in our solid experience in Spanish property and real state law.
Will you have any additional expenses?
We will only charge you our initial fee of 950 GBP once we have confirmed that your case can be claimed. We will never suggest you initiate a case where your possible legal claims would be lower than your costs. After we begin, our expert Spanish lawyer will make you a personalised services offer, tailored for you to claim back as much unfair costs as you are entitled to.
Can you be sentenced to pay the costs if you make a legal claim?
As with any other legal process, there is a risk of losing your case and being liable for costs. However, the high rate of success in Floor Clause claims and related unfair mortgage terms ensures that it is very unlikely for this to happen. Since we operate on a “no win no fee” basis, we will only advise you to start your legal procedure if there is a very high chance of getting your money back.
In which provinces could you make a claim?
Our Spanish team, in constant communication with UK offices, is able to work across the whole of Spain. They work in the key areas which have been affected by abusive terms imposed to British expats through mortgages and other financial products. As a result, they are acquainted with both the Spanish legal system, and the usual abuses committed by banks against non-resident property owners. Let us know where your property is located, among your mortgage details, and we will be able to start your case as soon as possible.
What does “Floor Clause” mean?
Floor Clauses are part of the forecasts included in the Mortgage Contract, stating that the payable interest shall never be lower than a certain percentage. In other words, the so-called “floor” on the mortgage will never allow us to pay below that limit. Since they were declared abusive by Spanish and European courts, we have successfully reclaimed additional interests on behalf of many of our British clients.
How do I know if my mortgage has a Floor Clause?
If you have not noticed any decline in your mortgage payment since 2008, or if it has remained stable, it is very likely that your mortgage is affected by a floor clause. Contact us with your mortgage details, and we will be able to help you [LINK TO START YOUR CLAIM]
Are Floor Clauses legal?
Floor Clauses are illegal under Spanish law, as both Spanish and European courts have considered it an unfair and abusive practice. If your Spanish bank mortgage contains a Floor Clause, you will be entitled to a refund on any overpaid interest. We will be happy to help you raise your case directly in Spain through our multinational team.
Contact us and start your claim now!
We are here to help, get in touch now.
This initial consultation puts you under no obligation to use our services.
The fastest way to start your claim is to complete the enquiry form. It only takes 20 seconds, and we will get straight back to you.
Or call us on +44 207 043 0648