After coming back from holidays, our office received a court order regarding a mortgage loan expenses and costs claim, that we understand is very interesting, and that has been granted by the court nº 3 of Denia, judgment number 179\/17, where the court estimates the claim I presented as a lawyer of the White Baos Abogados, in my own name, Carlos Baos as a consumer.<\/p>\n
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What makes this very interesting is:<\/p>\n
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1- The clause imposing all the costs is abusive regardless of the background and knowledge of the consumer, even if he is a lawyer.<\/strong> In the case said, the respondent bank that has been finally considered responsible, Bankinter, based part of its defence on the fact that since I, the consumer affected by the expenses clause, am an expert lawyer in real estate law and banking law, I was clearly aware of the economic consequences and accepted it.<\/p>\n As we argued the judgment with the court in agreement, this clause is objectively abusive and therefore void, because it is disproportionate and imposes some expenses on the consumer that do not belong to him\/her, regardless of the consumer’s background.<\/p>\n But it is important at this point to remember that the affected consumers, in order to be able to claim with successfully, must be an individual (no companies) whose mortgage is not related to their commercial, professional, etc. activity , while the training or experience of the consumer is irrelevant.<\/p>\n <\/p>\n 2- The sentence condemns the bank to reimburse us the expenses paid in connection with the mortgage loan,<\/strong> except for the Stamp Duty tax.<\/p>\n <\/p>\n