The Court of First Instance number 1 of Arrecife, specialized in banking clauses, has issued a new ruling annulling the clauses referring to the Mortgage Loan Reference Index. In this case, it has condemned Unión de Créditos Inmobiliarios (UCI), a financial company owned equally by Santander and BNP Paribas, who must return to the plaintiff the amounts paid in excess.
According to the ruling, the judge annuls the variable interest rate index through the IRPH due to the lack of information and transparency and imposes the payment of interest from the filing of the lawsuit and the payment of costs by the financial institution.
The bank's client, represented by the lawyer Jorge Peñas Lozano, requested the declaration of nullity of this condition. In addition, she demanded that the entity be obliged to recalculate the loan installments as if the aforementioned clause had never been applied, returning the amounts resulting from the collection of interest or the excess in the collection of interest plus the legal interest on said sums from their respective payments. For this, they argued that the conditions were not negotiated, did not pass the transparency control and that they were abusive. Against the sentence, however, an appeal may be filed with the Provincial Court of Las Palmas.
This is the second sentence that is known in which the Court of First Instance number 1 of Arrecife annuls the application in a mortgage of the IRPH index. On January 25, it issued another ruling known this week in which it upheld the claim filed by a client of the island against a banking entity.
