Under a recent supreme court ruling, consumers may reclaim the expenses paid and declared to the bank when formalizing a mortgage loan. Terms like malicious and empty were used by some parties. The consumer protection body OCU highlights the tendency of banks to charge opening fees without clearly explaining their purpose or economic impact to clients.
The costs discussed in the decision and raised by consumer groups and notaries include the handling and assessment fees tied to mortgage documentation. In line with the guidance from the Court of Justice of the European Union on this issue, questions arise about who should bear the Documented Legal Transactions Tax IAJD.
For individuals who secured a housing loan or bought a home before 2019, a refund may still be possible although the right has a time limit. The five-year period to request reimbursement is set by the Civil Code, but there is debate about whether January 23 of this year marks the actual deadline. Different calculations place the potential refund around a thousand euros. The ruling that deemed the provision abusive set a clear reference point, yet the precise cutoff remains contested among legal scholars and practitioners [Citation: ECJ guidance].
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The first step in pursuing reimbursement is to submit a claim with the institution that issued the credit letter. If the bank responds unfavorably, the next avenue is the complaints department of the Bank of Spain. Should these channels produce no satisfactory outcome, the client retains the right to pursue civil action in court. This process can be undertaken independently or with assistance from OCU or a qualified professional, depending on the claimant’s preference and needs. It is important to document all communications and retain copies of contracts and receipts to support the claim.