Claim for nullity of a revolving credit card for usury/unfair terms (Ley Azcárate + TRLGDCU + STS 149/2020, 258/2023)
Claim for nullity of a revolving credit card for usury/unfair terms (Ley Azcárate + TRLGDCU + STS 149/2020, 258/2023) is filed with Juzgado de Primera Instancia - LexNET. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your demanda (claim) for you. Estimated total cost: €899. Official tasa (government fee): Individuals: EXEMPT from the tasa judicial (court fee) (art. 4.2.a of Ley 10/2012). Legal entities: tasa judicial according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the barrister ourselves: the procurador's fee scale (RD 1373/2003) is advanced on your behalf as a suplido (disbursement) and passed on to you free of VAT, according to the amount of the claim. It does not include expert witnesses or the other party's costs if the court orders you to pay them.
Claim before the Juzgado de Primera Instancia (Juzgado de 1ª instancia (Court of First Instance)) to have a revolving credit card or credit line contract declared void for usury (under the 1908 Ley Azcárate) and/or for unfair terms on the remuneratory interest rate, the claims-handling fee, the linked insurance and automatic refinancing. We apply Supreme Court case law (STS 628/2015, 149/2020, 258/2023) and claim back the amounts charged in excess of the capital drawn down, plus statutory interest. The action is NOT SUBJECT TO ANY LIMITATION PERIOD.
- What we charge you
- €899
- Managora's fee
- €898.99 (21% VAT incl.)
- Tasa (official government fee)
- Individuals: EXEMPT from the tasa judicial (court fee) (art. 4.2.a of Ley 10/2012). Legal entities: tasa judicial according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the barrister ourselves: the procurador's fee scale (RD 1373/2003) is advanced on your behalf as a suplido (disbursement) and passed on to you free of VAT, according to the amount of the claim. It does not include expert witnesses or the other party's costs if the court orders you to pay them. (suplido: paid to the authority on your behalf, no VAT)
- Processing time
- Action not subject to any limitation period (Supreme Court case law)
- Where it is filed
- Juzgado de Primera Instancia - LexNET ↗
- What you receive
- Demanda (court claim)
Cost breakdown: Our fee 899 € (21% VAT incl., legal representation (dirección letrada) and procurador included). Individuals are exempt from the tasa judicial; legal entities add the tasa according to the amount claimed. Expert witnesses and the other party's costs, if any, are separate..
Claim for nullity of a revolving credit card for usury/unfair terms (Ley Azcárate + TRLGDCU + STS 149/2020, 258/2023): how is it filed?
- 1Answer the questions (around 12 minutes).
- 2Payment of 899 € (legal representation and procurador included).
- 3We file the claim via LexNET through our procurador and send you proof of filing.
Which documents do you need?
- •Revolving credit card contract.
- •Full statements and settlements.
- •Banco de España (Bank of Spain) TEDR interest-rate statistics (we provide this).
- •Prior out-of-court claim, if any.
Legal basis and things to bear in mind
- Legal framework: 1908 Ley Azcárate + TRLGDCU + STS 149/2020 and 258/2023.
- Action not subject to any limitation period.
- Related procedures: reclamacion_clausula_suelo, reclamacion_garantia_consumo, demanda_anulabilidad_contrato.
Claim for nullity of a revolving credit card for usury/unfair terms (Ley Azcárate + TRLGDCU + STS 149/2020, 258/2023): frequently asked questions
Claim for nullity of a revolving credit card for usury/unfair terms (Ley Azcárate + TRLGDCU + STS 149/2020, 258/2023): how much does it cost?
We charge you €899: our fee plus, where applicable, the fixed official tasa we advance. Our fee 899 € (21% VAT incl., legal representation (dirección letrada) and procurador included). Individuals are exempt from the tasa judicial; legal entities add the tasa according to the amount claimed. Expert witnesses and the other party's costs, if any, are separate.. Managora's fee is €898.99, 21% VAT included (€742.97 net + €156.02 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: Individuals: EXEMPT from the tasa judicial (court fee) (art. 4.2.a of Ley 10/2012). Legal entities: tasa judicial according to the type of proceedings and the amount claimed. We provide the procurador (court agent) and the barrister ourselves: the procurador's fee scale (RD 1373/2003) is advanced on your behalf as a suplido (disbursement) and passed on to you free of VAT, according to the amount of the claim. It does not include expert witnesses or the other party's costs if the court orders you to pay them..
Claim for nullity of a revolving credit card for usury/unfair terms (Ley Azcárate + TRLGDCU + STS 149/2020, 258/2023): how long does it take?
Action not subject to any limitation period (Supreme Court case law)
Claim for nullity of a revolving credit card for usury/unfair terms (Ley Azcárate + TRLGDCU + STS 149/2020, 258/2023): which documents do I need?
You need to have to hand: Revolving credit card contract., Full statements and settlements., Banco de España (Bank of Spain) TEDR interest-rate statistics (we provide this)., Prior out-of-court claim, if any.. You do not upload them here: we collect the details through the guided chat.
Who files the procedure?
Managora files it in your name with Juzgado de Primera Instancia - LexNET. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.
Can it be done online?
Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.
Related procedures
- Registering as self-employed (Hacienda, the Spanish tax authority, and Seguridad Social)
- Baja como autónomo (Hacienda + RETA) (De-registration as self-employed)
- Deferral of a Seguridad Social (Social Security) debt (LGSS art. 23 plus RD 1415/2004)
- Deferral or instalment plan for a debt with the AEAT (Spanish Tax Agency) (art. 65 LGT)
- Application for a refund of amounts wrongly paid (devolución de ingresos indebidos) (LGT art. 221 + RD 520/2005)
- Tarifa Plana for the self-employed: application for the reduced flat-rate contribution
Based on the legislation in force and on the official site of the competent authority: Juzgado de Primera Instancia - LexNET ↗.
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