¿Porqué no reclamas lo que pertenece?

Cláusula suelo: “la cuestión no es si debes demandar; sino más bien por qué no lo has hecho ya”.

 

En el marco de Consumeralia 2016 se ha celebrado una jornada informativa sobre los derechos de los consumidores y usuarios financieros, especialmente en aspectos relacionados con la cláusula suelo, otros productos de inversión y las comisiones bancarias, con la participación de numerosos ponentes, que han coincidido en el mismo mensaje.

 

  “la cuestión no es si debes demandar; sino más bien por qué no lo has hecho ya”.   

 

Sobre la sentencia del Tribunal Supremo del 9 de mayo de 2013, que declaraba ilegales las cláusulas suelo de BBVA; Cajamar y NGB, se destacaba que es la sentencia más importante en la historia del consumo bancario, ya que marcaba el camino para la definitiva eliminación de estas cláusulas de los contratos hipotecarios.

Tras esta sentencia, el TS ha confirmado su tesis en distintas sentencias que han afectado a otras entidades financieras. Prácticamente el 100% de las sentencias dictadas por tribunales de toda España son favorables al clientes. “El problema no es la cláusula en sí misma, sino cómo se comercializó entre los clientes por ello”.

Entre los motivos por los que el Supremo declara la nulidad de estas cláusulas destaca que “se comercializaba como si se estuviese contratando a un tipo de interés variable, ubicadas entre una abrumadora cantidad de datos, sin que se hubiesen dado al cliente simulaciones de casos y escenarios, y con inexistencia de cualquier otra información que hubiese permitido entender al clientes estas cláusulas, como por ejemplo una expectativa de las curvas de interés”.

En el 99% de los casos analizados por los tribunales se daban estas circunstancias. De hecho, recientemente el TS en una nueva sentencia de fecha 25 de marzo de 2015 recordó a los bancos que en caso de seguir aplicando estas cláusulas no es posible ya aceptar que se haya actuado de buena fe.

 

Desde el despacho se aconseja que, en caso de recibir ofertas de las entidades financieras para renegociar condiciones, o suspender la cláusula durante un tiempo pactado o incluso la novación de la hipoteca, el consumidor afectado acuda a nuestra consulta jurídica parta evitar el bloqueo de la vía judicial.

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