Is the claim clause clause abusive?

During the last months, we have witnessed numerous news referring to the abusive clauses included in the mortgage contracts and on our website we have been collecting this information in different articles such as: Those affected by abusive clauses in their mortgages they should be compensated, as dictated by the CJEU , Ground clauses: What they are, claims and economic impact or Multi-currency mortgages: If they are not transparent, they are abusive. This is what the CJEU dictates , among others.

Well, the media again echo another clause that has been considered abusive and is unknown by most customers: the clause for the claim of debit positions .

This clause consists in the fact that the bank can charge a commission at the moment in which the mortgaged one does not pay totally or partially a monthly installment of his loan .

Depending on the amount that is stipulated, this commission can be between 20 and 40 euros and also the interest on late payment , so there are two penalties for the non-payment of a fee.

The non-transparency of this clause causes the consumer to ignore the means of claim by the entity to collect the amount of more and is imposed by the bank in the contract, without being negotiated with the client.

The judgment of the Provincial Court of Vitoria of December 30, 2016 was has based on the Order EHA/2899/2011, of October 28 (transparency and protection of the client of banking services), to dictate that the payment of an amount to the mortgaged for performing a collection management to the client does not respond to a service to the same, so the commission should not be produced since there is no expense or service to be paid.

News of interest:

Nullity "ultra parties" clause for claiming debtor positions: SAP Vitoria-Gasteiz of December 30, 2016