The Civil Chamber of the Supreme Court, in plenary, Judgment of April 22, 2015, has declared clauses in banking contracts for personal loans without a mortgage guarantee unfair, they agreed with consumers, higher interest for late payment with an increase of two points in the contract is abusive.They declare that the bank contract agreed with consumer, their clauses are general conditions of the contract, except if it is proved that they have been negotiated, and therefore such clauses can be controlled judicially and these clauses can be declared abusive when it is possible that the consumers would not accept these clauses in a negotiation.An increase of two points in case of late payment of the loan installments therefore taken as reference the procedural interest nonpayment judicially declared a debt established by the Civil Procedure Law.For example, with a personal loan where you have agreed 8% interest for late payment of monthly installments may not exceed 10%, that is to say 8% plus 2 points without the possibility that the bank imposes interest of around 20% or even exceeds this percentage, as happens at present.
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