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Enrique Sanchez in the press



COURT OF JUSTICE OF THE EUROPEAN UNION (CJEU) ON THE IRPH CLAUSE IN SPANISH MORTGAGES.

spanish deposit reclaims

On Tuesday 3 March the court ruled in favour of people affected by the mortgage index, IRPH, in contraposition of the Spanish Supreme Court’s judgement

This index, known as the ‘Index of Reference of Mortgage Loans’, (IRPH), affected more than 1 million mortgages. In those mortgages the interest rate was linked to the IRPH and not to the Euribor.

IRPH is calculated by taking into ac- count the loan interest rates offered by all financial entities and has al- ways been much higher than the Euribor with potential claims for the clients between €15,000 and €40,000 per case.

Therefore according with the The European Court of Justice it will be up to local judges in Spain to decide on a case by case basis if IRPH mort- gage clauses were abusive.

It will also be up to the judge to decide whether to apply a different interest rate in cases when the clause is considered abusive. Spain’s mort- gage price index (IRPH) should not be excluded from the remit of EU directives.

We can help get your money back

If you signed, or think you may have signed, a Spanish mortgage contract with a ground clause, you may be entitled to reimbursement from your lender. Please contact us at www.holaclaims.com on 951666024 or 07988445702 and we will be only too happy to advise you and help you get your money back. You can contact us for a free evaluation of your case. We offer this service together with other interesting claims related to mortgages in Spain and deposit reclaims cases for developments never built against the banks. We offer a NO WIN NO FEE service between the UK (Office based in Liverpool since 2007 being the Honorary Consul of Spain) and Spain (Marbella office). We have plenty of experience having recovered large amounts for our clients in ground clauses cases before and deposit reclaims against the Spanish banks.

This article appeared in the Liverpool Law Society magazine.

Allow me to introduce myself; my name is Enrique Sanchez, a solicitor practising Spanish law based in Liverpool, UK for the past 3 years. I am a Spanish Abogado member of the Granada Bar and partner at Sanchez & Padilla Solicitors-Abogados, where I have beenlawsociety working for the past seven years. I am also registered with the Law Society of England and Wales, the British and Spanish law Association and listed in the Spanish Consulate of Manchester as a recommended Lawyer.

We cover all aspects of Spanish law, including conveyancing, transfer of properties, dissolution of partnerships, setting up of companies, preparing powers of attorney, Spanish wills, probates, legal translations and representation before the Spanish Courts.

We have two locations in Spain Salobrena and Granada, and an extensive network of agents throughout the Iberian Peninsula. This means we can provide full legal coverage across Spain and the Balearic and Canary Islands.

Many British clients who have bought property in the last few years are experiencing legal difficulties with their existing Spanish properties and we know that many more clients have paid deposits or are expecting to receive their properties in the near future. Well, our team of lawyers is working very hard to help these clients to come to an agreement with the developers, resolve disputes and, where necessary, represent them properly in Court.

We have a wealth of experience and an impressive track record in this respect. At the moment the precedents of law are changing in favour of the buyers and Judges in Spain ale giving judgements against unscrupulous developers. As a result, there is now a good chance to recover any unreturned deposits. To protect yourself against any insolvency issues, it is crucial to act fast, should you require taking legal action against any developers or banks.

Virginia Sanchez in our Salobrena office is a solicitor and tax specialist. Some of her areas of expertise include non resident taxation, dissolution of joint ownerships of partnership, as well as advising you best on how to pay 1% transfer tax, rather than the 7% transfer tax paid by many.

If we can assist further, please do not hesitate to contact me. I will be glad to discuss any issues by telephone, email or arrange an appointment at your office or home, your English solicitor's office, or at my own office.

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Enrique Sanchez is made the Honorary Consul of Spain

honorary consul of spain in uk

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