The Court of First Instance No. 7 of Córdoba on March 24 issued a conviction against CaixaBank for not informing a couple in a situation of social exclusion of the existence of the Code of Good Practices. According to the judge, with this, the bank failed to comply with the provisions of Royal Decree-Law 6/2012, of March 9, on urgent measures to protect mortgage debtors without resources and Law 1/2013, of May 14, of measures to strengthen the protection of mortgage debtors, debt restructuring and social rent.
The judge considered it proven that the plaintiffs had stated on various occasions the economic and family situation in which they found themselves, as well as that they could not assume the payment of the mortgage loan. The solution offered by the bank was the sale of the house to a subsidiary company of the bank for 45,000 euros, who took over the pending mortgage (180,000 euros) and with whom they signed a social rental contract for which they paid a monthly rent. of 200 euros.
To financially compensate for the difference between the sale price of the property and the outstanding amount of the loan, the plaintiffs signed a loan contract with the same entity in 2014 to repay the outstanding debt of the mortgage loan. To this end, once the 2014 loan was granted, the money granted “after it was entered into the account, it disappeared from it to return to CaixaBank.”
The judge considers that they were not adequately informed of the various alternatives offered by the application of the Code of Good Practices. Specifically, it says: “The actors met all the requirements to avail themselves of the protective regulations, and the defendant entity, despite being attached to the Code of Good Practices, at no time informed the actors of the different possibilities to solve their insolvency problem . “
This ruling offers a new way for consumers who are in a worse economic situation to be able to make a legal claim against banking entities that did not inform them about the existence of said code, as well as the advantages that it can offer in their case. The court decision also condemns the bank to compensate the sum of 12,000 euros for damages caused to customers. This sum corresponds to the amount of 200 euros per month paid as rent during the 5 years that they were tenants.
It also declares that the 2014 loan contract is void due to lack of purpose and cause, and the installments paid must be returned to customers.
Given the current situation, and in the event that you find yourself in a similar situation, we advise you to go to a lawyer who can adequately inform you and defend your rights.
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