Alicante’s floor clauses court adds almost 24,000 claims since its inception

This is reflected in the balance made by the Alicante court itself, which highlights the cut in processing times obtained after the original case. overflow in the first moments-, thanks to the gradual decrease in the number of new cases filed, but also due to the introduction of new technologies that allow the massive use of cases. telematic views.

Thus, according to the latest data of the General Council of the Judiciary, pending lawsuits dropped more than 38% from 7,450 at the end of 2020, last year alone 4,622 that ended last year. a number that assumes 80% of cases resolved. Although there is no updated data on a provincial basis, close to 98% of the sentences given at the national level are upheld, that is, customers were right against financial institutions

They recall the precariousness from the court itself, from which this body was born in Alicante and received in proportion. less tools and donations higher than other provinces. So, for example, at the beginning It didn’t even have its own hearing room.restricted its celebrations to Wednesdays and Fridays.

Likewise, Valencia’s main courts received “enough” judges from the start, while Alicante had to fight for the necessary reinforcements, which it received intermittently, according to the cited sources. And worse, it happened with the officials who came to the meeting. excessive workload “Ten times higher than any officer of a Court of First Instance”.

delays

The result was more than a year and a half delay in processing claims, which lawyers specializing in financial claims condemned at the time. In fact, a report of the association last March till the end average of acceptance for processing new cases 420 days in the province, that is, one year and two months. A waiting time exceeded by A Coruña where you only have to wait 729 days according to this report; Madrid with 722; Barcelona with 706; and Malaga, 686.

However, from the Alicante mortgage abuse court lower this numberNote that the average acceptance time into the claims process is currently included. between seven and eight months. Once this step is complete, the bank is given 20 days to respond to the request and a preliminary hearing is set for one month, after which in 99% of cases there is usually a penalty for not having the next hearing.

Due to the dismissal of the specialized court of Alicante, the acceleration of the deadlines was achieved to a large extent. first at national level to choose to hold mass hearings electronically. A decision he made when his prison sentence prevented these acts from being celebrated in person, but he later went even further. Thus, if there were 165 visits via this route in the second quarter of 2020, there were already 1,321 visits in the last quarter of last year. In total, it has been 6,483 video conferencing.

Of course, those responsible for the judiciary warn that the situation may change in the future. And before two currently existing magistrates (without exemption from duty) and three substitute judges, they are expected to deal, as of July 1, with the 5th Circuit Court of First Instance and five magistrates without him. easing of duties and a single substitute judge in practice reduction in the throughput they can absorb.

As for the type of claim presented, it was to demand the refund of amounts overpaid with base items—those that keep the interest rate from falling more than a certain amount—if there were nearly all claims in the first place. Although Euribor continues to decline, most are currently responding to requests from the US. establishment expenses, opening commission, invalidity default interest or according to the item forward expiration dateauthorized the seizure of the flat by three defaults.