How to claim the IRPH on the mortgage after the Supreme Court ruling?
At the end of 2024, the Court of Justice of the European Union (CJEU) admitted the possibility that a clause on the Mortgage Loan Reference Index (IRPH) could be annulled due to lack of transparency and thus imposed a series of conditions for it to be appreciated. the adjective ‘abusive’.
Even so, the CJEU gave free rein for the Supreme Court to have the last word, although opening the door for cancel mortgages linked to the IRPH, due to the lack of information given by banks to clients. The situation, then, would mean a blow to returns for entities of around 44,000 million euros.
Now, as of November 11, the High Court concludes that it is not possible to provide a “univocal” solution, considering that to determine whether they are abusive it will be necessary to analyze the specific circumstances of each loan.
Can the IRPH be claimed?
In what has been established until now, banking entities had to indicate in their contracts to consumers that the definition and calculation method of the index It is published in the BOE. If the mortgage does not include this aspect, the judges They can declare the clause that imposes the IRPH null due to lack of transparency.
The civil court considers that the bank is not obliged to report the definition of the index and its calculation or its previous evolution, as long as these elements are sufficiently accessible. However, in recent months, courts are consolidating more consumer-friendly criteria, especially when there is no clear documentation in the contract.
Provincial Courts such as those of Madrid, Valencia and Barcelona They are examining the cases under the criteria proposed by the CJEU, regarding the mention of the method of calculating the index and Circular 5/1994 of the Bank of Spain.
How can you claim the IRPH?
From the web platform Repair your debt They explain that if the banking entity did not adequately inform you about the operation of the IRPH, you can request:
- The cancellation of the IRPH clause.
- The calculation of the amortization table according to the Euribor.
- Refund of money paid in excess.
To do this, you must take the mortgage deed to a specialist lawyer in banking claims that will analyze the loan and point out the abusive clauses that apply, as well as the best procedural strategy.
Documents necessary to claim the IRPH
The documentation that you must gather to carry out the IRPH claim will be:
- Mortgage loan deed.
- Novations and extensions, if any.
- Receipts of mortgage payments.
- Cancellation deed, in case the loan has been canceled.
How to claim the IRPH extrajudicially?
This route involves submitting a claim to the Customer Service of the financial institution demanding the cancellation of the IRPH clause, the correction of the amortization table and the refund of money paid in excess.
The bank will have to respond within 2 months, and although they will probably not accept the full refund, it could be beneficial to reach a satisfactory agreement for avoid the economic and temporal costs of a judicial process.
Of course, since Repair your debtThey insist: “in no case is it recommended to accept a proposal from the bank without consulting a specialist lawyer. If you accept an unsatisfactory solution, you may lose your right to a full refund.to”.
