How can I claim IRPH on my mortgage after the Supreme Court ruling?

At the end of 2024, the Court of Justice of the European Union (CJEU) recognized that the provisions regarding the Reference Index for Mortgage (IRPH) could be invalidated due to lack of transparency and imposed a series of conditions for its evaluation. The adjective “abusive.”

Nevertheless, the CJEU gave the Supreme Court discretionary powers to make the final decision. cancel mortgages related to IRPH; This is due to the lack of information provided by banks to their customers. Therefore, this situation will be a blow to returns For companies worth approximately 44 billion euros.

Now, as of November 11th, the High Court has concluded that it is impossible to provide a “univocal” solution, considering that determining whether they are abusive requires: Analyze a specific situation of each loan.

Can I claim IRPH?

Under previous regulations, banks were required to clearly state the definition and calculation method of the index in their contracts with consumers. Published on the Board of Education. If the mortgage does not include this aspect, the judge will You can declare a clause that imposes IRPH null. Because of the lack of transparency.

The civil court will determine if the bank There is no obligation to report the index definition and its calculation or previous developments. As long as you have sufficient access to these elements. But in recent months, courts have integrated more consumer-friendly standards, especially in the absence of clear documentation in the contract.

Regional courts such as Madrid, Valencia and Barcelona They are investigating the case on the basis of the criteria proposed by the CJEU regarding the method of calculation of the index and the reference to Circular 5/1994 of the Bank of Spain.

How do I apply for an IRPH?

from web platform repair debt They explain that if a banking entity fails to properly notify the IRPH of its operations, it can require:

To do this you need to do the following Take the mortgage deed to a specialist lawyer In bank claims, we analyze loans and point out applicable fraud provisions and optimal procedural strategies.

Documents required for IRPH application

The documents you need to collect to complete an IRPH claim are:

How can I claim IRPH extrajudicially?

This route requires financial institution customer service to cancel IRPH clauses, amend amortization tables, and Refund of overpaid money.

The bank has two months to respond and will probably not be able to give you a full refund, but it may be beneficial to reach an agreement on a satisfactory refund. Avoid the financial and time costs of judicial proceedings.

Of course, since then repair debtThey say: “Under no circumstances should you accept any offer from a bank without consulting a professional lawyer. If you accept an unsatisfactory solution, you may lose your right to a full refund.ni”.