The Provincial Court of Toledo ratifies the nullity of a multi-currency mortgage of Caixabank placed to a National Police.
The Provincial Court Section No. 2 of Toledo has ratified the nullity of a multi-currency clause in Japanese yen, a loan contract of 176,000 euros, being a condition of abuse due to lack of transparency.
The court decision dismisses the appeal filed by the bank and maintains that there was a breach of good banking practice by Caixabank by not providing sufficient information, not exist or provide information leaflets, binding offer or explanation of the operation of the clause.
According to the Sentence issued in second instance, the bank must prove through reliable elements that allow to establish how the pre-contractual legal relationship that complied with this specific and specific duty of information was developed, which, in this case, does not happen.
For the lawyer who has led the defense of consumer interests, Magdalena Rico Palao, of the platform www.eliminarhipotecamultidivisa.es, the sentence produces a huge satisfaction for the direct consequences that this has on the patrimony of the client, since the debt with the Bank was unpayable for that family economy, due to changes in the value of the outstanding capital of the fluctuation of the currency imposed on it. consumer
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