Post by account_disabled on Mar 6, 2024 23:26:56 GMT -5
Erausquin believes that “the answer to that question is that, in the same way that the Supreme Court understands, in its ruling 669/17, that it is not credible that a consumer signs a loan without knowing its essential conditions and, in particular , his remuneration through a variable interest that would be calculated from an official reference index plus a differential, it is also not credible that this same consumer would be so foolish as to, with all this information, choose to refer his contract to the index that year after year turned out to be the most expensive on the market , refer your contract to the index that due to its peculiar calculation method, being determined based on APR rates, would always be the highest on the market, refer your contract to the index that, as the Bank warned of Spain, required a negative differential to prevent its operation from placing its APR above the national average APR, a negative differential that the entity did not plan to apply.
What good faith really is "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 Fax Lists 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 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 .
What good faith really is "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 Fax Lists 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 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 .
