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Royal Decree Law 1/2017, of 20 January, on urgent consumer protection measures in relation to floor clauses was published in the Official State Gazette of 21 January 2017, establishing the measures that facilitate the refund of amounts improperly paid by consumers in relation to the enforcement of specific floor clauses set out in mortgage loans.
Pursuant to the provisions of this Royal Decree Law, we hereby inform all of our customers that we have created a Floor Clause Handling Service (SGCS) with a view to setting up a swift procedure for quickly resolving claims filed by customers. The postal address and email address of this service is as follows:
These are the channels available for filing claims:
Visit your regular branch with your ID document to fill in the corresponding form. This can also be performed at any Banca March branch.
Fill in this online form. Once sent, print out the acknowledgement of receipt that will be displayed on screen.
Mortgage loan agreements, when the borrower is a natural person/consumer (lending transaction awarded for a purpose other than commercial, business or professional purposes), that include a floor clause (minimum interest rate).
Customers included in the scope of application indicated above may file their claim before the SGCS, with a view to requesting the removal of the floor clause and a refund of any sums paid improperly, to which end Banca March, S.A. has a printed form available, which can be found both online or at any of our branches. The procedure is free of charge and consists of 4 parts, including the Submission, Acknowledgement of Receipt, Review or Analysis of the request by the SGCS and Resolution.
La normativa actualmente en vigor sobre esta materia, en concreto sobre préstamos hipotecarios, es la Orden EHA/2899/2011, de 28 de octubre, de transparencia y protección del cliente de servicios bancarios, publicada en el BOE nº 261 de fecha 29 de octubre de 2011. Esta Orden fue desarrollada por la Circular 5/2012, de 27 de junio, del Banco de España, a entidades de crédito y proveedores de servicios de pago, sobre transparencia de los servicios bancarios y responsabilidad en la concesión de préstamos, publicada en el BOE nº 161, de 6 de julio de 2012.
Banca March, S.A. hereby informs customers opting into this procedure that the return of sums agreed may generate tax obligations. Final Provision One of Royal Law Decree 1/2017, introduces Additional Provision 45 to Law 35/2006, of 28 December on Personal Income Tax and the partial amendment of the Corporate Income Tax Law, the Non-Resident Law and the Wealth law, regulating the tax system applicable to amounts received as part of the refund of floor clauses.
While the out-of-court claim remains unresolved, the parties may not file any court or other out-of-court claim in relation to the same matter. Should such a claim be files before the termination of the procedure, the process would be suspended until the prior claim is resolved.
For court procedures in progress upon the entry into force of Royal Law Decree 1/2017, the parties, by mutual agreement, shall be subject to the out-of-court procedure indicated therein, requesting the suspension of the court proceedings.
The personal details provided by borrowers as part of the prior claim shall be included and processed in the files held by Banca March, S.A. with registered address at Avda. Alexandre Rosselló, 8 in Palma (07002 - Balearic Islands) with the sole purpose of handling and processing the claims. The borrowers may exercise their rights of access, rectification, cancellation and opposition in writing to the Floor Clause Management Service (SGCS) at Banca March, S.A., at the registered office indicated above.
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