Post by account_disabled on Mar 12, 2024 0:37:43 GMT -5
At the same time, remember that the Supreme Court is rejecting all appeals because it says that it is already res judicata . “It establishes a doctrine that says it is for all cases. It doesn't matter if the loan was signed on one date or another. He has gone from saying that the IRPH could not be subjected to any trial to saying that it is transparent but that it is not abusive . Now we have the last stage left, that its abusiveness be recognized as there was no good faith on the part of the bank because it did not give all the information to the consumer.”
Erausquin and Ortiz carried out an extensive study commissioned by the General Directorate of Consumer Affairs of the Balearic Government. “We analyzed the features of the Email Data IRPH and saw that its calculation method uses APR rates and that makes it more expensive monthly. We also clarify the point of view of the Bank of Spain, which recommends using a negative differential so that the mortgage loan does not become more expensive. It is done in protected housing, but not in free housing because no one supervises its activity.”
For this jurist, “one of the problems for those mortgaged by IRPH is that no banking entity tells them about this 1994 circular from the Bank of Spain that recommends including a negative differential to prevent that loan from becoming more expensive. People do not know the circular and do not enforce it and the bank knows it, but it includes 0.25 in a positive way.”
Juan Moreno , an expert lawyer in banking issues from Seville, believes that “ Europe has already provided a solution to the issue with the latest CJEU ruling . To the preliminary ruling question from Palma de Mallorca he really answered one question, the other four he made clear that they were a matter of ordinary national legality and that they had to be resolved by the judge himself . Regarding transparency, he makes it clear that the financial institution should have reported this circular from the Bank of Spain and that the IRPH requires a negative differential.
Erausquin and Ortiz carried out an extensive study commissioned by the General Directorate of Consumer Affairs of the Balearic Government. “We analyzed the features of the Email Data IRPH and saw that its calculation method uses APR rates and that makes it more expensive monthly. We also clarify the point of view of the Bank of Spain, which recommends using a negative differential so that the mortgage loan does not become more expensive. It is done in protected housing, but not in free housing because no one supervises its activity.”
For this jurist, “one of the problems for those mortgaged by IRPH is that no banking entity tells them about this 1994 circular from the Bank of Spain that recommends including a negative differential to prevent that loan from becoming more expensive. People do not know the circular and do not enforce it and the bank knows it, but it includes 0.25 in a positive way.”
Juan Moreno , an expert lawyer in banking issues from Seville, believes that “ Europe has already provided a solution to the issue with the latest CJEU ruling . To the preliminary ruling question from Palma de Mallorca he really answered one question, the other four he made clear that they were a matter of ordinary national legality and that they had to be resolved by the judge himself . Regarding transparency, he makes it clear that the financial institution should have reported this circular from the Bank of Spain and that the IRPH requires a negative differential.
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