ANSWERS TO COMMONLY-ASKED QUESTIONS. WHAT’S ON YOUR MIND?
This practice involves a financial product that is sold by a banking entity to an individual or a company without communicating all the information about the risk involved. When a bank does not comply with this legal obligation to provide information or when it hides information, this is known as ‘bank fraud’.
Yes, if what is known as contract or information asymmetry has occurred, i.e. if the bank presented a product while hiding information and used misleading terminology, or if the client can prove that they do not have enough financial knowledge to understand the complexity of the product.
There are many types. However in recent years, swaps have been commonplace (financial swaps that are sold as insurance policies), multi-currency mortgages (that link loans to foreign currency fluctuations. with the argument that they are stable, but which led to many purchasers losing a lot of money), Santander shares (toxic products sold as great opportunities), or Banco Popular shares (sold while hiding the imminent bankruptcy of the organisation).
Get legal assessment, from a specialised lawyer. You might have doubts about doing this, due to the costs involved, but it’s the only way to get back what is rightly yours.
Experience and specialisation. Ours is an area of law where each case needs to be dealt with within the correct framework.
Absolutely not. The banks cannot help, as they themselves are guilty of malpractice and fraud and they will only try to hide their responsibility and defend their own interests, which are contrary to those of their clients, whose trust they have abused, while state bodies have no authority to act in these matters.
There’s an 80% plus chance that you will get your money back. The current scenario is one in which judges are becoming more and more aware of these types of offences, while the sentences being made in initial proceedings and at higher levels (the Spanish Supreme Court, the Supreme Court of the European Union) are establishing legal precedence, and this means that there are ever-increasing chances of winning. Now is definitely a good time to act. Several years ago banks appeared to be invincible, this situation has now changed.
Yes they are, and lawyers are flexible, which means that we can adapt to each situation, making sure that the cost for taking legal action is not a problem when it comes to taking a bank to court.
No. Clients must not let their guard down in this respect. Banks continue to make their financial products increasingly sophisticated, and they often market them without applying full legal rigour, while applying the same old malpractice procedures; hiding both information and the risks involved, so that their clients will entrust them with their savings.