Step-by-step to your reclaim(s)

by Editorial team
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Once you have spoken with us, or read our material and have decided

(1) that there is a good chance that your mortgage does contain abusive clauses and probably a Floor Clause and;

(2) that you DO WANT to make use of our services (Kalusa Family S.L. t/a 'Floor Clause Reclaims') to analyse your mortgage document - to extract from your lending bank, and perhaps other institutions monies you have unnecessarily or wrongly been taken from you;

THEN we would like you to see the clear, simple, speedy, and informed route to that objective - and for you to know where you are at all times along the road.

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Why reclaim with us

by Editorial team
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The opportunity to get a lump sum refund, or in the majority of cases, two separate lump sum refunds, from the bank you have used in Spain, is a 'once in a lifetime' opportunity, that you should grasp quickly and with both hands with appropriate levels of assisstance - to ensure your success.

You need to ACT quickly and you need to be working with the RIGHT TEAM of people to be sure to take all that you are due.

WHY QUICKLY?

You RIGHT to a reclaim has come about as a consequence of a Supreme Court decision.

But - is is a decision that is very actively opposed by Spain's politicians who do not wish to see their banks damaged, or wiped out, as seems likely in the case of smaller banks.

The weak position of the majority of Spain's Banks is a scary story in itself.

And, the banks themselves are seething, having had to cut or remove entirely, share dividends, and bonuses to managers.

Nor are Spain's financial institutions happy with the court ruling.

They rely on dividends, from the huge number of bank shares they hold, to finance their pension and other long term funds - and have no idea how to replace that crucial income over the years it will take the banks to repay everyone.

These are heavyweight organisations.

At the moment Spain's politicians and bankers have not found a way to defeat - oe work around - the court's orders - but they are not going to give up trying.

You owe it to yourself to get your claim in rapidly and in the right manner.

In the meantime the bank's are being as lethargic and as tricky as they can be.

WHY DOES IT MATTER WHO HANDLES YOUR CLAIM?

The majority of organisations who might offer you assistance will be looking ONLY at your Floor Clause Reclaim, which arises as a consequence of carefully and accurately completing a bank claim form along with a schedule of calculations.

It is not something you will probably want to do yourself but it is a pretty easy way for any financial or legal organisation to earn a fee, doing the form filling for you.

That however is only half of the story.

Your bank will do all it can to ignore you or talk you round. It is likley to use its local staff who you know and like, and to some extent rely upon day to day, to trick you into signing a disclaimer.

When we handle your reclaim and other matters we go OVER THE TOP of your local branch - straight to the head office.

We ALSO take the view that if we are going to be analysing your mortgage deed, in order to establish that you have a Floor Clause entitlement - then - whilst we are at it - we should be gathering a second, wholly legal claim, for all of the other tricks and traps you have suffered - that the bank has set into your escritura.

We will find anything up to 32 clauses that have cost you money, that you are entitled to have recovered. Then the Bank will take you much more seriously.

These are two separate things but they go hand in hand.

Once we have established that you have a Floor Clause in your mortgage deed - THEN - reducing the monthly cost of your mortgage, if the bank has not already quietly taken that step - and recovering a lump sum repayment - is a matter of three or four months work monitored by Spanish fluent accountants and fiscal and case managers, supported by life time banking professionals on our team.

Identifying up to 32 other abuses of your trust in your mortgage deed, is the work lawyers and legal specialist and litigation specialists.

These processes will involve us in working closely with you, discussing your experiences and keeping you abreast of progress.

Which calls for people who can hold a conversation with you in fluent English, and then turn around to discuss matters with Spanish bank staff or Spanish lawyers or accountants at the Bank or in our own team.

Our team are truly multi lingual becuase the same applies in our dealings with our German clients as well as French clients.

Our case managers are dual or triple fluent, meaning that they will have a French, German or English mother and a Spanish father or in reverse, giving them the native fluency in both languages that this level of activity calls for.

So what we provide you with is access to a large team, situated both on the mainland of Spain and on the Canary Islands

The Canary Islands becuase there are huge numbers of British Isles owners there, and becuase of VAT, which will apply upon such costs as there are.

It is the lowest Europe of 7%, (saving you between 13% and 18% of our fees, in VAT !).

We are expert, and highly specialised 'masters of our niche' – which involves all matters relating to English speaking people owning assets in Spain.

DEPTH OF KNOWLEDGE

Since 2004 we have advised and provided services to clients from the UK and Ireland, Canada, Australia, America and so on.

Sadly most who become out clients have never previously been given the levels of knowledge that they require to manage their affairs in Spain, and consequently suffer at a time when it is too late to do anything about it.

English speaking people do require very precise advice as regards to buying and selling and borrowing, as well as in regard to their Wills, taxation, and the management of assets in Spain - and - ultimately the inheritance of those assets at the end of their lives.

It is impossible to overstate how different and opposite to each other, the English speaking worlds legal taxation and cultural systems are, by comparison with those of the Napoleonic code that apply across Europe.

It is easy to form an impression that countries, look pretty much like us, wear the same clothes, drive the same cars and eat similar food etc., and therefore to be lured into a serious the error of owning in Spain and other European countries in the same manner as if you were a local, a Spaniard.

That is a very expensive mistake, though fortunately is possible to correct, with best of breed advice and services.

Spanish Wills are for Spaniards, and absolutely NOT for the English speaking people, other than in very limited situations.

Inheritance taxes and even capital gains taxes in Spain do not need to apply to English speakers, who have a choice to position themselves eficiently to avoid or reduce them.

These are concepts we shall be happy to chat through with you, if you wish, along out journey to your reclaim of mortgage interest and other abusive charges made upon you, 'an innocent abroad!'.

RELATED BLOGS

01 of 22 About Abusive mortgage clauses - Spanish Legal information

02 of 22 About The Great Spanish Mortgage Scandal!

03 of 22 About Spanish banks forced to pay billions in compensation to borrowers

04 of 22 About Making your claim - the process and cost

05 of 22 About Key information you require about your past and future borrowing from Spanish banks

06 of 22 About Dissapointment, that the floor clauses procedure leaves much to be desired

07 of 22 About Briefly, your right to reclaim

08 of 22 About Eaten alive - by abusive mortgage 'set up' costs.

09 of 22 About Floor-clauses - 'clausula suelo. - a history

10 of 22 About Lifetime Loans or Reverse Mortgages in Spain Explained

11 of 22 Advice to Struggling Mortgage Borrowers in Spain

12 of 22 A warning about Spanish Mortgage Loans: Beware of Abusive Clauses – 8th January 2012

13 of 22 An overview of Spanish Mortgage Loans: An Overview – 21st February 2012

14 of 22 About Bank Repossessions in Spain – 21st February 2014

15 of 22 About Spain's Bad Debtor’s List (‘Fichero de Morosos’) – 8th April 2014

16 of 22 About Spanish Creditors Pursuing Debts Abroad – 8th May 2014

17 of 22 Crucially Dación en Pago explained, or, How to Hand Back the Keys – 8th December 2014

18 of 22 Report about of how the European Court of Justice Slams Floor Clauses (‘Cláusulas Suelo’) – 27th December 2016

19 of 22 Warning, that buyers in Spain from the British Isles struggle to recover refunds due to them

20 of 22 Warning, that English speaking clients of Spanish Banks have been systematically cheated for years

21 of 22 Warning, that CJEU conclusively overturns the floor clauses

22 of 22 Warning, that EURIBOR - the promises at the heart of the Spanish Bank deception

CJEU conclusively overturns the floor clauses (+Start your claim)

by Legal editorial team
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The European High Court (CJEU) has recognised the total retroactivity of the floor clauses, meaning Spain's banks must repay all monies they have overcharged to their customers.

The Court of Justice of the European Union has issued its final judgement concerning land clauses. Thus forcing banks to repay the money overcharged to customers who had these types of clauses included in their mortgage contracts.

This ruling contradicts the opinion published last July by the Advocate General of the Court of Justice, Paolo Mengozzi, supporting the Spanish Supreme Court’s ruling for Banks to return the amounts collected only after May 2013.

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