Post by account_disabled on Feb 15, 2024 2:04:51 GMT -5
"In short, the professional in good faith, in the specific framework of Directive 93/13/EEC , is not the one who imposes an official index published in the BOE, without any explanation, as our Supreme Court understands, but rather the one who is certain that the consumer who accepted the incorporation of the disputed clause into his contract would have also accepted said clause within the framework of a negotiation on terms of equality , with all the information he should have received, including that there is a Circular from the Bank of Spain that warned financial entities of the need to incorporate negative spreads into contracts sent at IRPH rates in order to prevent the APR of these operations from being above the APR of the market".
From his point of view, “the fact that the entity ignores the warning from the Bank of Spain regarding the need to apply a negative Canada Email List differential, not only affects transparency , as understood by the Provincial Court of Palma de Mallorca, but also to the good faith of the professional.”
In his opinion, "it is also worth asking whether a professional who, knowing that the Bank of Spain, in the same Circular 5/94, warned of the need to incorporate a negative differential in order to avoid raising the APR of the operation by above the market APR, he despises such a warning and it is no longer that he does not incorporate a negative differential but, for greater impudence, he incorporates a positive differential of 0.25 points, he is acting in good faith .
For this expert, it is also worth asking "if a professional is acting in good faith who, given that the consumer is unaware of the existence of said Circular and its content, takes the opportunity to apply a small positive differential, making the consumer believe that he has signed a great transaction." because the differential they have put on it is lower than that usually used in contracts sent to Euribor.”
It also highlights that "according to paragraph 52 of STJUE C-125/18, the judge must carry out the necessary checks and verifications , taking into account all the circumstances existing at the time of contracting, especially regarding advertising and information. provided by the professional, a paragraph that I bring up because advertising is an element to be assessed by the judge , and it would be interesting for the judge to hear from the professional what arguments he could use to convince the consumer that the most expensive type on the market, the one that his form of determination would always operate above everyone, it was the most suitable for him.
From his point of view, “the fact that the entity ignores the warning from the Bank of Spain regarding the need to apply a negative Canada Email List differential, not only affects transparency , as understood by the Provincial Court of Palma de Mallorca, but also to the good faith of the professional.”
In his opinion, "it is also worth asking whether a professional who, knowing that the Bank of Spain, in the same Circular 5/94, warned of the need to incorporate a negative differential in order to avoid raising the APR of the operation by above the market APR, he despises such a warning and it is no longer that he does not incorporate a negative differential but, for greater impudence, he incorporates a positive differential of 0.25 points, he is acting in good faith .
For this expert, it is also worth asking "if a professional is acting in good faith who, given that the consumer is unaware of the existence of said Circular and its content, takes the opportunity to apply a small positive differential, making the consumer believe that he has signed a great transaction." because the differential they have put on it is lower than that usually used in contracts sent to Euribor.”
It also highlights that "according to paragraph 52 of STJUE C-125/18, the judge must carry out the necessary checks and verifications , taking into account all the circumstances existing at the time of contracting, especially regarding advertising and information. provided by the professional, a paragraph that I bring up because advertising is an element to be assessed by the judge , and it would be interesting for the judge to hear from the professional what arguments he could use to convince the consumer that the most expensive type on the market, the one that his form of determination would always operate above everyone, it was the most suitable for him.