A double solution to IRPH
Feb 22, 2024 9:34:26 GMT 2
Post by account_disabled on Feb 22, 2024 9:34:26 GMT 2
From this report carried out by Consumo de Baleares “ it is logical that at a legal level there are some interpretations, but at a financial and mathematical level there cannot be . Reading it, one observes the existence of double remuneration from the IRPH that the Balearic Court has not analyzed in its ruling. The Balearic ruling talks about transparency, but it does not talk about what the CJEU tells you to focus on specific issues and commissions.
In his opinion, the IRPH is an illegal index that Cayman Island WhatsApp Number should be replaced by Euribor. “ The solution is not only judicial , but it would be necessary to undertake a legislative reform that replaces this index with another and at the same time compensates people who are paying more on their mortgages for having IRPH.
For his part, José María Erausquin , partner of the Res Abogados firm, who has been fighting for more than a decade, together with his partner Maite Ortiz, to achieve the annulment of the IRPH, with several preliminary rulings that have been resolved by the CJEU, believes that the solution to this issue is twofold judicial and legislative.
“In the judicial process, the solution is to control abuse taking into account the concept of good faith and imbalance that the CJEU has established , not the one that the Supreme Court has invented. Good faith would mean that the bank had explained the features of the IRPH well, always above the Euribor, that way it would have been known whether that consumer would have agreed to have IRPH or not.”
“Judicially, the criteria of good faith and imbalance of the CJEU must be applied and if the IRPH is applied it falls at a legal level. From a legislative point of view it must be withdrawn. The problem is why we changed it and what happens to the quantities that have been delivered to date . The Government can withdraw it, but it cannot force the banks to return the money if the judges do not consider it null,” he points out.
In his opinion, the IRPH is an illegal index that Cayman Island WhatsApp Number should be replaced by Euribor. “ The solution is not only judicial , but it would be necessary to undertake a legislative reform that replaces this index with another and at the same time compensates people who are paying more on their mortgages for having IRPH.
For his part, José María Erausquin , partner of the Res Abogados firm, who has been fighting for more than a decade, together with his partner Maite Ortiz, to achieve the annulment of the IRPH, with several preliminary rulings that have been resolved by the CJEU, believes that the solution to this issue is twofold judicial and legislative.
“In the judicial process, the solution is to control abuse taking into account the concept of good faith and imbalance that the CJEU has established , not the one that the Supreme Court has invented. Good faith would mean that the bank had explained the features of the IRPH well, always above the Euribor, that way it would have been known whether that consumer would have agreed to have IRPH or not.”
“Judicially, the criteria of good faith and imbalance of the CJEU must be applied and if the IRPH is applied it falls at a legal level. From a legislative point of view it must be withdrawn. The problem is why we changed it and what happens to the quantities that have been delivered to date . The Government can withdraw it, but it cannot force the banks to return the money if the judges do not consider it null,” he points out.