The economic activity itself in Spain, from day to day, is not exempt from suffering setbacks, delays and in many cases the breach of the order or the contract that has been concluded between the parties to perform a service or provide a good. That is why reclaim an amount in Spain is not unusual
What was expected to be a normal service or a purchase/sale in Spain without delay can sometimes end up becoming a real headache especially if the service that has been paid for is unsatisfactory or the goods that have been purchased do not comply with the conditions previously agreed in the business agreement, turning into reclaim an amount in Spain.
In order to recover an amount paid in Spain, the first thing to do is to distinguish the nature of that amount and the second thing to do is to choose a good law firm that is expert in quantity claims in Spain and that has the solvency to contribute to a quick management of the conflict, says Rafael Andrades, Welex’s lawyer in Spain.
One of the great assets of this famous legal, tax and accounting consultancy firm located in Marbella, Malaga is its extensive experience in managing various problems to which they always find a quick solution under the premise of ensuring – primarily – the confidence of the client.
One of the most common and frequent defaults is related to the contractual rental relationship in Spain, which can lead to legal complaints and costly lawsuits.
Are these cases frequent at Welex?
-Yes, in fact we provide service, both to the tenant and the landlord, if it happens that unpaid amounts are claimed, we proceed to do it; we can claim unpaid for light, water, sometimes there are contracts in which they are agreed to pay half the Wi-Fi or telephone line.
On some occasions, the tenant is the one who contacts Welex “either because he is in a situation of crisis or economic precariousness” and he does so because he tries – through the extrajudicial route – to reach a type of agreement by offering to hand over the rented flat in exchange for the remission of the debt.
price of that activity a certain percentage or an amount to see the interests of the lessor satisfied”, Andrades comments.
Are all debts claimable in Spain?
-Yes, all of them, because when we talk about amount we are talking about something material, about a benefit, when you stop paying 70 euros, 300 euros or 500 euros what we are talking about is the frustration of a certain obligation; if there is no action to claim that amount it would mean that there is no obligation to pay it. There is only one case in the Civil Code of an obligation without action, and that is natural obligations that are assumed voluntarily without any real right of claim.
At litigation law firm Welex the Clients come first
Sometimes people stop claiming amounts in Spain for unfinished work or an unfulfilled agreement because they feel that the small amount will make it more expensive to claim and they consider them as non-refundable.
‘’We at Welex seek the way of extra-judicial negotiation, either by trying mediation or by trying arbitration depending on the type of obligation; whether we think of consumer matters we have a purchase or a professional service and it is not fulfilled… for that there is a solution of conflicts, without going to the jurisdiction, because that does involve a series of costs”, explains the legal specialist.
A foreigner with a deposit problem who has already given them and later repented can recover them?
-Depends on the particular study of each case, there is no uniform solution that is valid for all of us. We will have to see how the contract was concluded, the obligations and the attitude of the counterpart… only in this way is it possible to terminate a contract.
Is it common to claim the return of deposits in Spain?
-Some customers have come to us who have understood that the terms and conditions of the deposit contracts have not been well explained; and that they do not conform to what was offered, what we do is corroborate that the exercise of the resolution of the action is appropriate.
Andrades, partner of leading litigation law firm Welex, acknowledges that as a tax advisor he has seen many cases where clients have bought homes, moved in and realised that it is not what they expected, turning into reclaim a debt in Spain.
The return of the floor clause in Spain
Welex, your expert law firm in claiming amounts in Spain mentions that there is a very wide scope in claiming amounts, which Welex law firm in Spain, whose meaning is “we and the law” covers with strong experience in all orders: in contracts with landlords, tenants, usufructuaries, consumers and banking institutions.
In recent years, an interesting resolution has been passed in Spain in relation to the acquisition of housing by means of a mortgage in which a financial institution has intervened.
This is the so-called floor clause of a mortgage facility in Spain, also known as minimum charge of interest on a mortgage in Spain, and since 9 May 2013, the Supreme Court in Spain has declared it null and void thanks to a ruling handed down on that date.
The Court considered it “abusive” and therefore ordered the return of the amounts “illegally collected” by the banks since the date of that ruling.
What is a floor clause?
“It is a clause that benefits the bank and harms the individual who has requested the loan because when the rates go down or the interest is negative the clause prevents it from being transferred to the monthly payment. Depending on the regulations of the country, the conditions of the contract and its transparency and clarity, an unfair, illegal or null term can be typified, and therefore can be considered a bank fraud.”
A few years after the first ruling, the European Court of Justice (EU) ruled in an unappealable judgment of 21 December 2016, against the limitation of the retroactivity of the nullity of the ground clause: “Therefore, banks and savings banks in Spain are obliged to return all money illegally charged for ground clauses from the signing of the real estate mortgage for the purchase of housing”.
The banks have returned 2.3 billion euros to their clients and 5,735 files are pending resolution, most of which have been direct negotiations between the financial institution and the client.
Welex has been participating for years in the return of this land clause in favour of its clients, and it does so in an extensive negotiation with the banks.
What is the process you advise?
-There is a formula that we offer to the clients that is the extrajudicial claim according to the Spanish royal decree 1/17 for the refund of the amounts unduly satisfied with the ground clause and we negotiate with the bank always in favour of our clients
How long can the return of the ground clause last in a friendly manner?
-From two to three months through civil proceedings… it depends on the terms.
Do you also help in the claim of non-payment or non-delivery of services or goods if you have to deal with another country?
-Yes, although there are other international procedures, we make the claim in another EU member state taking care about how to use our own courts for the resolution of civil or commercial disputes.
Please do not hesitate to contact Welex, your expert law firm for claims in Spain, for any tax or legal questions.