Acuerdos trampa de los bancos para evitar eliminar la cláusula suelo y devolver lo pagado
En vista de que los bancos están perdiendo en los juzgados los casos por cláusula suelo y les están obligando a anular la cláusula suelo y devolver lo pagado, estos han pensado una nueva manera de seguir aprovechándose de los clientes y es mediante «acuerdos trampa».
Estos «acuerdos trampa» permiten rebajar, quitar temporalmente, o dejar de aplicar la cláusula suelo en las hipotecas hasta el final del contrato. Sin embargo al llegar a este tipo de acuerdos se obliga a renunciar a todo lo pagado de más y además si se firma el acuerdo no permite tampoco eliminarla totalmente pues una suspensión (o inaplicación) de la cláusula suelo no es lo mismo que su eliminación total pues no produce los mismos efectos.
La banca, desesperada por las derrotas que está cosechando en los juzgados, se ha lanzado a ofrecer estos acuerdos trampa. Incluso algunos bancos como La Caixa lo están ofreciendo de forma masiva. Sólo hay que ver que nuestros abogados han eliminado ya más de 1500 cláusulas suelo recuperando cientos de miles de euros de los clientes afectados por las cláusulas. Además en estos momentos ganar una demanda por cláusula suelo es más fácil aún porque el Tribunal Supremo han fijado la doctrina por lo que la nulidad y la retroactividad desde mayo de 2013 se consigue siempre que haya habido falta de transparencia cosa que pasa siempre.
Ante estos intentos desesperados de los bancos os aconsejamos que no firméis nada antes de consultarlo pues firmar un acuerdo de este tipo significa perder muchos miles de euros y la posibilidad de eliminar la cláusula suelo. Además si recibís una carta del banco diciendo que os rebajan o os dejan de aplicar la cláusula suelo también os recomendamos que contactéis con nosotros (o otro abogado) para que el banco no os engañe. Aquí os facilitamos la dirección decontacto de nuestros abogados especialistas en eliminación de cláusulas suelo: demandas@clausulasuelo.info para consultas que tengáis al respecto. Una vez recibida la consulta, el abogado contactará telefónicamente o por email con vosotros para explicarlos la mejor opción en cada caso para eliminar la cláusula suelo y recuperar lo pagado de más.
¿Qué bancos están ofreciendo estos acuerdos trampa para la cláusula suelo?
En la actualidad casi la mayoría de bancos se han lanzado a ofrecer este tipo de acuerdos trampa:
-La Caixa: Ofrece la suspensión indefinida en muchos casos pero no devuelve ni un euro de lo pagado de más por la cláusula suelo. Es evidente que es una mala opción pues lo pagado de más puede ir de los 4000 a los 15000 euros que si no se reclaman se perderían. Además al ser una suspensión unilateral podría La Caixa volver a aplicarla en cualquier momento y tampoco produce ningún tipo de efectos en terceros.
-Unicaja: Está ofreciendo varios tipos de acuerdo algunos que rebajan el interés durante toda la hipoteca y otros que la rebajan durante unos meses o años y luego la suspenden. Tampoco ofrecen ningún tipo de devolución de cantidades así que es totalmente desaconsejable firmar estos acuerdos sobre la cláusula suelo.
-Banco Sabadell: A los clientes que se quejan o reclaman los ofrecen la rebaja de tipo de interés o suspensión de la cláusula suelo. Como en los casos anteriores es una suspensión y no la eliminación total así que no produce efectos ante terceros. Además no devuelven ni un euro mientras nuestros abogados están recuperando lo pagado de más en todos los casos en muy poco tiempo (unos 7000 euros de media por cada afectado) así que firmar este tipo de acuerdo es muy muy desaconsejable.
-Banco Popular: Ofrece rebajas y suspensiones de la cláusula suelo a algunos clientes pero en ningún caso devuelve lo pagado de más. Además en bastantes casos hace firmar la renuncia de cualquier acción por lo que no hay que firmar nunca estos acuerdos que incluyan implícita o explícitamente renuncia de nuestros derechos.
-Bankia: Un caso parecido al del Sabadell, a los clientes que se quejan o reclaman los ofrecen la rebaja de tipo de interés o suspensión de la cláusula suelo. Como en los casos anteriores es una suspensión y no la eliminación total así que no produce efectos ante terceros. Tampoco devuelven cantidades y muchas veces hacen firmar acuerdos y estos incluyen siempre renuncia de acciones.
Nuevamente es totalmente desaconsejable firmar
-Caja España / Duero: Suele ofrecer acuerdos de rebaja de 1 año o 3 años. En caso de la opción de 3 años pasados esos 3 años suspenderían el suelo. Ninguna de las dos opciones es buena ya que por un lado no la eliminan inmediatamente la cláusula suelo en ninguno de los dos casos y por otro lado al firmar el acuerdo se pierde la posibilidad de recuperar el dinero pagado de más. No aconsejamos tampoco firmarlo.
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