Identifying an abusive clause is not always easy, but there are cases where a simple payment that was not contemplated at the beginning or an increase in interest may be the trigger to know that you are facing a situation of abuse by the bank.
The most common abusive clauses are the irregular collection of commissions or excessive interest and the unjustified compensation of balances and are given, above all, in consumer, personal and mortgage loans. They are also produced on credit cards, where an abusive practice can raise interest by using this usual means of payment.
An abusive clause is any contractual provision not individually negotiated, whose incorporation is imposed by only one of the parties, in this case by the credit institution.
The most common abusive clauses in mortgages are:
Ground clause. It is one of the dispositions that usually include some mortgages, specifically those subscribed to variable interest. It is based on the fact that if the interest rate (linked to the euríbor) rises, the customer will have an impact on its share. If it lowers, it will also be reflected, but up to a minimum set by the bank. Sometimes it is difficult to detect it because the clause in the contract is camouflaged, for example, as minimum interest.
Interest of late abusive. Some banks may impose abusive and abusive interests contrary to the code of good banking practices. It can be detected through sections as early maturity of the loan, which expresses the interest that the entity would charge in the event of giving up the financing, but disproportionately to the current interest. To avoid this, you have to look carefully at the contract in order to check if there are any provisions that invite you to pay these interests.
Unilateral expenses. This clause is more difficult to be detected by users, since it indicates that they will be the ones who bear the expenses, even those that should be assumed by the bank, and is contrary to the Consumer Protection Law.
Source: Esine inmobiliaria.
