The General Directorate of Consumer Affairs itself

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Faced with the files of the General Directorate of Consumer Affairs itself, these magistrates consider it legal, as if implying that on this issue they are the ones who have the leading voice. At the same time, remember that the Supreme Court is rejecting all appeals because it says that it is already res judicata . “It establishes a doctrine that says it is for all cases. It doesn't matter if the loan was signed on one date or another. He has gone from saying that the IRPH could not be subjected to any trial to saying that it is transparent but that it is not abusive .



Now we have the last stage left, that its abusiveness be recognized as there was no good faith on the part of the bank because it did not give all the information to the Fax Lists consumer.” Maite Ortiz and José María Erausquin. (Photo: E&J) Erausquin and Ortiz carried out an extensive study commissioned by the General Directorate of Consumer Affairs of the Balearic Government. “We analyzed the features of the IRPH and saw that its calculation method uses APR rates and that makes it more expensive monthly. We also clarify the point of view of the Bank of Spain, which recommends using a negative differential so that the mortgage loan does not become more expensive.







It is done in protected housing, but not in free housing because no one supervises its activity.” For this jurist, “one of the problems for those mortgaged by IRPH is that no banking entity tells them about this 1994 circular from the Bank of Spain that recommends including a negative differential to prevent that loan from becoming more expensive. People do not know the circular and do not enforce it and the bank knows it, but it includes 0.25 in a positive way.” IRPH as a question of legality Juan Moreno , an expert lawyer in banking issues from Seville, believes that “ Europe has already provided a solution to the issue with the latest CJEU ruling .