From the Legal Department of Gran Marbella Consulting S.L. We deal with legal and legal issues, emphasizing topical issues, which include claims, both judicial and extrajudicial, regarding the famous and harmful soil clauses.
For the elimination of this clause and the recovery of undue payments we proceed to carry out the following steps.
- Claim to the Customer Service Department of the relevant Bank or Entity (for lack of transparency) for the elimination of “Ground” clause and other abusive clauses, as the case may be, and claim of amounts overpaid as a result of the inclusion of the Same in contracts. Complaint to Banco Sabadell’s Customer Ombudsman, in the same terms.
- Judicial claim. Corresponding declarative process in First Instance tending to recover the overpayment for the application of the Clause “soil”, if appropriate, for the nullity and elimination of the same, if the negotiations have been unsuccessful.
That is, to try to eliminate it by negotiating with the Bank’s director directly and, if applicable, submitting a complaint to the Customer Service Department. If we get them eliminated, we should also try to return the overpaid amounts. However, in most cases, this is not so easy negotiating and you have to turn to the courts for it. Once we have negotiated with the Bank, if the resolution is successful, we will demand a recalculation of the quotas and if not, the next step is to file the lawsuit. With it, we would request removal of the soil and the return of the overcharged.