Post by account_disabled on Feb 21, 2024 23:47:35 GMT -6
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 Cayman Island WhatsApp Number 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 .
For this expert, it is also worth asking "if a professional is acting in good faith who, given that the consumer is unaware of the existence of said Circular and its content, takes the opportunity to apply a small positive differential, making the consumer believe that he has signed a great transaction." because the differential they have put on it is lower than that usually used in contracts sent to Euribor.”
It also highlights that "according to paragraph 52 of STJUE C-125/18, the judge must carry out the necessary checks and verifications , taking into account all the circumstances existing at the time of contracting, especially regarding advertising and information. provided by the professional, a paragraph that I bring up because advertising is an element to be assessed by the judge , and it would be interesting for the judge to hear from the professional what arguments he could use to convince the consumer that the most expensive type on the market, the one that his form of determination would always operate above everyone, it was the most suitable for him.”
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 Cayman Island WhatsApp Number 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 .
For this expert, it is also worth asking "if a professional is acting in good faith who, given that the consumer is unaware of the existence of said Circular and its content, takes the opportunity to apply a small positive differential, making the consumer believe that he has signed a great transaction." because the differential they have put on it is lower than that usually used in contracts sent to Euribor.”
It also highlights that "according to paragraph 52 of STJUE C-125/18, the judge must carry out the necessary checks and verifications , taking into account all the circumstances existing at the time of contracting, especially regarding advertising and information. provided by the professional, a paragraph that I bring up because advertising is an element to be assessed by the judge , and it would be interesting for the judge to hear from the professional what arguments he could use to convince the consumer that the most expensive type on the market, the one that his form of determination would always operate above everyone, it was the most suitable for him.”