BBVA, Cajamar and Abanca will have to pay back everything overpaid from the start of the loan15 feb 2017
As expected, the Supreme Court has dismissed an appeal by BBVA and confirmed that the entity also has to pay back the overpaid amounts for the application of the floor clause.
The Supreme Court, in its judgment of May 9, 2013 established that, although the floor clause was null, the entities did not have to return what their customers had paid too much. That is why BBVA Cajamar and Abanca, entities affected by the judgment, merely removed this clause from their customers.
The Supreme Court now adapts its case law on the retroactivity of the nullity of the floor clauses to the judgment of the Court of Justice of the European Union of 21 December 2016 and establishes that BBVA must return all the excess amounts paid to its customers, a criterion extendable also to Cajamar and Abanca mortgages.
OCU welcomes this decision of the Supreme Court that avoids any kind of differentiation between banks when it comes to financially compensating consumers affected by clause soil.
OCU puts at the disposal of all the interested consumers a calculator where they will be able to consult the amounts paid more, the recalculation of the capital to be amortized and the legal interest that corresponds to him. Through this calculation you can check if the offer that your bank provides them corresponds to what they can request: http://www.ocu.org/movilizate/combate-clausula-suelo