At the end of 2024, the Court of Justice of the European Union (CJEU) recognized the possibility of repealing a provision on the IRPH due to a lack of transparency, and thus imposed a series of conditions for its discretion. “Offensive” adjective.
However, the European Court of Justice has given free rein to the Supreme Court to have the final say, even though it has opened the door to this Cancellation of mortgages linked to IRPH, Due to the lack of information provided by banks to customers. Then the situation would mean a blow to return For entities worth approximately 44,000 million euros.
Now, as of November 11, the Supreme Court has concluded that it is not possible to offer a “unilateral” solution, arguing that to determine whether they are abusive or not, it would be necessary Analysis of specific circumstances From every loan.
Can an IRPH be claimed?
In what has been established so far, banking authorities had to indicate in their contracts with consumers the definition of the index and the method of calculating it It is published in the Bank of England. If the mortgage does not include this aspect, the judges They can declare a clause that forces an empty IRPH value Due to lack of transparency.
The civil court considers that the bank is not obliged to report the definition, calculation or previous development of the indicator, As long as these elements are sufficiently accessible. However, in recent months, courts have standardized more consumer-friendly standards, especially when there is no clear documentation in the contract.
District courts such as the courts of Madrid, Valencia and Barcelona They examine the cases according to the criteria proposed by the European Court of Justice, regarding the mention of the method of calculating the index and Circular No. 5/1994 of the Bank of Spain.
How can you claim IRPH?
From the web platform Fix your debt They explain that if the banking entity does not adequately inform you about the operation of the IRPH, you can request:
- Eliminate the IRPH requirement.
- Calculate the amortization table according to Euribor.
- Refund of overpaid funds.
To do this, you must Take the mortgage note to a specialist solicitor In the bank claims that they will analyze the loan and indicate the abusive conditions that apply, as well as the best procedural strategy.
Documents needed to claim IRPH
The documents you must collect to file an IRPH claim are:
- Mortgage loan instrument.
- Renovations and additions, if any.
- Mortgage payment receipts.
- Cancellation bond in case the loan is cancelled.
How to claim an extrajudicial IRPH?
This path includes submitting a claim to the customer service of the financial institution to request the cancellation of the IRPH requirement and the correction of the amortization schedule and Refund of overpaid funds.
The bank will have to respond within two months, and although it will likely not accept a full refund, it may be worth reaching a satisfactory agreement on this. Avoid the economic and time costs of the judicial process.
Of course since then Fix your debtThey insist that “in no case is it recommended to accept an offer from a bank without consulting a specialist lawyer. If you accept an unsatisfactory solution, you may lose your right to a full refund.to”.
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