July 23, 2024 | 5:28


Kutxabank sentenced to return due to abusive clause in mortgages

Jesus Carames

April 5, 2023 | 4:00 p.m.

Kutxabank, one of the most important financial institutions in Spain, has recently been sentenced for unfair terms in their mortgage contracts. The Mercantile Courts have forced the entity to repay mortgage expenses almost fifty customers, adding a total of 59.000 euros. This situation has generated concern among consumers, who seek guarantees in their contracts and greater transparency in mortgage conditions.

Kutxabank sentenced for abusive clauses

The Commercial Court number 1 of Almería and the Commercial Court number 1 of Bilbao have ordered Kutxabank to return 12.746,19 euros to nine users affected by the mortgage expense clause. In the case of the Cajamar entity, the court has ordered the entity to return 46.655,22 euros to 40 consumers affected by the same clause.

Those affected by the mortgage expense clause in both cases were part of a class action filed by Adicae. The association considers these sentences as "another success" in the collective struggle for consumer rights.

Claims for mortgage expenses

Adicae estimates that banks must return to users a total of 7.105 millones de euros by the clause of repercussion to the consumer of the mortgage expenses, a clause that has been declared invalid in both sentences.

The association also claims more judicial means to respond to collective consumer complaints. In some courts, users have been waiting for more than six years to obtain a first sentence for floor clauses or mortgage expenses.

The importance of the future Financial Client Authority

Faced with this situation, Adicae considers that the creation of the future Financial Client Authority It is essential to shorten deadlines and compensate those affected without the need to incur in a judicial process. However, the General Council of the Judiciary (CGPJ) and the financial sector have expressed their doubts about certain aspects of this body, whose creation is currently undergoing parliamentary proceedings.

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