Claim over the cláusula suelo (mortgage interest-rate floor) and mortgage set-up costs

Claim over the cláusula suelo (mortgage interest-rate floor) and mortgage set-up costs is filed with Servicio de Atención al Cliente del banco (y, en su caso, Banco de España). 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 recurso (appeal) for you. Estimated total cost: €29 to €29. Official tasa (government fee): No tasa (official fee): the preliminary claim to the bank carries no fee for an individual consumer.

We file your preliminary claim with the bank over unfair mortgage terms, through the out-of-court route of RDL 1/2017 (Directive 93/13/CEE plus STS 9/5/2013 plus CJEU judgment of 21/12/2016 Gutiérrez Naranjo plus STS 23/1/2019). It covers the cláusula suelo (interest-rate floor, with full retroactive effect from the signing date), mortgage set-up costs (notary 50%, Land Registry 100%, gestoría 100%, valuation 100% and AJD stamp duty payable by the bank under STS 6/11/2018), excessive default interest, the arrangement fee, early termination clauses and IRPH (a mortgage reference index). We calculate the amount due with statutory interest (art. 1303 CC) and pass on the bank's reply, which it must give within 3 months. The refund is EXEMPT from IRPF (personal income tax) (DA 45ª LIRPF). If the bank rejects the claim, a subsequent court route exists which requires a procurador (court agent) and is not included in this service.

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Estimated total cost: €29 to €29
Managora's fee: €35.09 (21% VAT incl.)
Tasa (official government fee): No tasa (official fee): the preliminary claim to the bank carries no fee for an individual consumer. (suplido: paid to the authority on your behalf, no VAT)
Processing time: The bank has 3 months to reply to the preliminary claim.
Where it is filed: Servicio de Atención al Cliente del banco (y, en su caso, Banco de España) ↗
What you receive: Recurso (administrative appeal)

Cost breakdown: Our fee 29 euros, with no tasa (official fee) for an individual consumer for the out-of-court claim..

Claim over the cláusula suelo (mortgage interest-rate floor) and mortgage set-up costs: how is it filed?

1Answer the questions in the chat (around 10 minutes).
2We identify the unfair terms and quantify the amount.
3We file the claim with the bank's customer service department through the out-of-court route of RDL 1/2017.
4Payment of 29 € for the analysis of the terms, the calculation of the amount and the filing of the claim.
5We give you a copy of the claim filed and the bank's acknowledgement, and we pass on its reply.
6If the bank rejects the claim or does not reply within 3 months, the court route would remain open: it requires a procurador (court agent) and is not included in this service or in its price.

Which documents do you need?

•DNI (Spanish national identity document) / NIE (foreigner identity number).
•The mortgage loan deed.
•The original repayment schedule.
•Receipts / bank statements.
•Invoices from the notary, the Land Registry, the gestoría and the valuer.
•AJD stamp duty return, if applicable.
•A detailed calculation or an expert report.
•The preliminary claim and the bank's reply, if there is one.

Legal basis and things to bear in mind

Legal framework: Directive 93/13/CEE plus TRLGDCU plus STS 9/5/2013 plus CJEU judgment of 21/12/2016 plus STS 23/1/2019 plus RDL 1/2017 plus DA 45ª LIRPF.
FULL retroactive effect from the signing date (CJEU judgment of 21/12/2016).
Mortgage set-up costs: notary 50%, Land Registry and gestoría 100% payable by the bank, valuation 100% payable by the bank, AJD stamp duty payable by the bank (RDL 17/2018).
Excessive default interest (more than 3x the statutory rate, or more than the ordinary rate plus 2 points).
Arrangement fee: the CJEU judgment of 16/3/2023 allows a transparency review.
Early termination: at least 12 unpaid instalments (Ley 5/2019 LCCI).
IRPH: CJEU judgment of 3/3/2020 plus STS 12/11/2020, transparency reviewed case by case.
Out-of-court route under RDL 1/2017: the bank has 3 months to reply. This is the route Managora handles and it does not require a procurador.
A subsequent court claim requires a court lawyer and a procurador and is NOT included in this service or in its price. This is stated for information only.
The refund is EXEMPT from IRPF (DA 45ª LIRPF).
If you previously claimed the main-home tax deduction: your IRPF must be adjusted.
Natural companion procedures: cancelacion_hipoteca_rp, contrato_compraventa_inmueble.

Claim over the cláusula suelo (mortgage interest-rate floor) and mortgage set-up costs: frequently asked questions

Claim over the cláusula suelo (mortgage interest-rate floor) and mortgage set-up costs: how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €29 to €29: Our fee 29 euros, with no tasa (official fee) for an individual consumer for the out-of-court claim.. Managora's fee is €35.09, 21% VAT included (€29.00 net + €6.09 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: No tasa (official fee): the preliminary claim to the bank carries no fee for an individual consumer..

Claim over the cláusula suelo (mortgage interest-rate floor) and mortgage set-up costs: how long does it take?

The bank has 3 months to reply to the preliminary claim.

Claim over the cláusula suelo (mortgage interest-rate floor) and mortgage set-up costs: which documents do I need?

You need to have to hand: DNI (Spanish national identity document) / NIE (foreigner identity number)., The mortgage loan deed., The original repayment schedule., Receipts / bank statements., Invoices from the notary, the Land Registry, the gestoría and the valuer., AJD stamp duty return, if applicable., A detailed calculation or an expert report., The preliminary claim and the bank's reply, if there is one.. 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 Servicio de Atención al Cliente del banco (y, en su caso, Banco de España). 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

Based on the legislation in force and on the official site of the competent authority: Servicio de Atención al Cliente del banco (y, en su caso, Banco de España) ↗.

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