Banking Lawyer in Velez-Malaga
Lawyers specialising in Banking
In the world of finance and lending, problems can arise at any time.
Whether you are dealing with a mortgage, abusive clauses such as those relating to mortgage charges or the application of the IRPH index, a floor clause, a bank scam or any other issue related to banking law, legal proceedings against the banking machinery can overwhelm anyone.
That is why having an experienced banking lawyer with the necessary experience and knowledge can help you find a solution to resolve these problems.
Banking law: relevant aspects
Our relationship with the bank tends to be a long-term one. And as in all long-term relationships, problems tend to arise that sometimes require legal assistance.
Mortgages
This is the most important banking product that we will contract in our lives and the most important due to its volume and purpose.
Revolving cards
Cards and infinite loans are very profitable for financial institutions, but they contain many traps and abusive conditions.
Floor clauses, mortgage costs and IRPH (Mortgage Interest Rate Index)
If you have a mortgage loan signed before 2019, you should check who paid the costs and if you have been overpaying due to the application of the IRPH index instead of the Euribor or because you have a floor clause.
Savings products with small print
During the years of zero Euribor, many funds, savings insurance and other complex products have been sold that you cannot now sell without losing your savings.
Selling non-bank products
Increasingly, banks are focusing their business on selling insurance, alarms or household appliances at “zero financing”, which turn out to be much more expensive than you were told.
Financing for the self-employed and companies
If you have a business as a freelancer or SME, you probably have a credit account, a loan or leasing. Check everything before you sign and you will avoid surprises.
How a lawyer can help you in your disputes with the bank
Recent rulings in banking law have addressed several important issues, including revolving cards, mortgage fees and the Mortgage Loan Reference Index (IRPH):
– Revolving cards: the latest Supreme Court ruling on revolving cards (STS 258/2023 of 15 February) analyses why many of these types of contracts are considered null and void. In this ruling, the Supreme Court aims to define the criteria for the abusivity of revolving contracts due to usury. The ruling concludes that any revolving credit card contract whose difference between the average market rate and the agreed rate exceeds 6 percentage points will be usurious.
– Mortgage Expenses: Regarding mortgage expenses, a recent Supreme Court ruling establishes that banks must return 100% of the appraisal. In addition, customers will also recover the registration and agency fees, and half of what they paid to the notary. This ruling is an important milestone in the protection of consumers’ rights in the mortgage field.
– IRPH: in relation to the IRPH, the Supreme Court once again ruled in favour of the IRPH in January 2022 (Rulings 42, 43 and 44/2022 of 27 January). Despite the possible lack of transparency of the IRPH clauses, the Supreme Court did not annul them as it did not consider them abusive. However, the High Court of Justice of the European Union, in its ruling of 13 July 2023, declares the application of this index abusive in certain cases, so this issue is still under debate and we are likely to see more developments in the future.
These rulings demonstrate the continuous evolution of banking law and the importance of keeping up to date with the latest court decisions.
That is why a good banking lawyer is an expert in banking law who knows the legal and bureaucratic procedures inside out.
Whether you need advice on a mortgage, help with a floor clause, representation in a bank scam, or any other matter related to your relationship with your bank, a lawyer can provide you with the guidance and support you need.
What you need to know about banking law
To initiate the relevant process, you will need to provide certain documentation:
- Loan contracts.
- Bank statements.
- Invoices.
- Other documentation related to your case.
At that time, your lawyer will review these documents, identify any potential problems and advise you on next steps.
Timelines may vary depending on the nature of your case.
For example, if you are dealing with a bank scam, or if you are claiming the nullity of abusive mortgage clauses, there are specific legal deadlines and procedures you must follow before going to court, as there is a specialised court in Malaga for all of these procedures.
An experienced lawyer can help ensure that all deadlines are met and that all proper legal procedures are followed.
The best banking lawyers in Velez-Malaga?
It is not for us to say, we prefer to let our clients speak for us. In any case, what we are sure of is that we are among the best law firms in Axarquia.
Why are we so sure? Because our lawyers have worked for more than 10 years in different banks and we have worked as their lawyer.
We have also spent years doing the opposite work, i.e. defending clients against bank abuses.
So, whether you are dealing with a mortgage, need advice on a floor clause, or need help reporting a bank scam, we can provide you with the advice and representation you need.
Do not hesitate to contact me:
Doubts you may have
How long does a procedure against a financial institution take?
There are special Courts for this type of proceedings, such as the 20th Court of Malaga, so they are usually quicker.
Also, in some cases the bank will offer you a settlement and you will not have to go to court.
They can range from 6 months to 3 years in the worst case.
What are the costs of suing a bank?
In claims of this type, we only charge if you get paid, and only when you get paid.
We charge a percentage of 18% of the amount you receive and, in many cases, this cost will also be borne by the financial institution, as it is ordered to pay the costs.
What is the IRPH?
It is a reference index for mortgage loans, like the Euribor, but it only existed in Spain from 1994 to 2009, although it is still in force for signed loans.
In practice, it was a rate decided by all the banks and was supposed to be more stable and transparent, although in reality it included commissions and expenses and was shown to be detrimental to consumers because it was higher than Euribor.
In principle, the Supreme Court declared that it was legal, but the Court of Justice of the European Union has been declaring it abusive in almost all cases, in several rulings since 2019 and until the last one in 2023.
Why is revolving credit abusive?
Because they are drafted in a very confusing and contradictory way and they allow you to reuse the capital that you pay, so that in reality you are signing a card, which in reality is a credit paid as a loan, at such a high-interest rate that in your monthly instalment you practically only pay interest, so that it becomes infinite.
Are these procedures usually won?
Although they are very large companies with a huge legal team, in reality it is financially worthwhile for them to do things badly and only respond to those who claim, so in many cases the contracts have illegal clauses, are abusive or lack transparency and, although each case has to be looked at individually, if you believe you have the right to claim, you will normally be right and they will be won in court.
Would you like to give us a consultation? The first one is FREE
Write or call us and tell us about your situation.
If we can help you directly, we will provide you with the information you need. If not, we will refer you to the right professional.
In either case, you will be closer to a solution.
We are in Velez-Malaga
Office
C/ La Maroma nº 3, 3º B
29700 (Vélez-Málaga).
Opening hours
Monday to Friday:
8:00-15:00
Tuesady:
17:00-20:00
Client Reviews
Here you can see what our clients are saying about our firm.
Additionally, in this link you can find reviews on Google: See reviews on Google
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Tenía un problema serio y complicado en relación a un inmueble, el abogado al que había acudido otras veces no supo como abordarlo y fue dilatándolo hasta que casi pierdo el control de la situación. Recurrí a Fernando y la experiencia fue muy distinta. Desde el momento en que me senté a hablar con él me invadió la tranquilidad (además la primera consulta fue gratis). Me propuso una gran variedad de opciones más de las que se me habían planteado en meses. Lo que parecía un caso perdido terminó por ser todo un éxito. Fernando es un gran profesional con una cercanía que lo convierte en único en su sector. Sin duda volveré cuando me surja cualquier imprevisto o duda legal. Muy recomendable.
Juan Arenas Sánchez
19 de December de 2023 -
Fernando ha sabido llevar mi caso con mucha profesionalidad y seriedad. Me ha transmitido mucha tranquilidad y confianza,cosa que en estas situaciones se agradece mucho,100% recomendable.
Miriam De la rosa
9 de December de 2023 -
"Nos ha ido muy bien con él. Desde el asesoramiento en la primera consulta, donde fue muy sincero con nuestras opciones (y además no nos cobró nada) hasta resolver el proceso. Implicado al 100% y con muy buena comunicación. Muy recomendable"
Alba OM
18 de January de 2024 -
Profesionalidad, trabajo y dedicación.
Juan Pedro Jiménez del Dedo
2 de June de 2023 -
Lo que más valoro de Fernando es su capacidad de empatizar, entender el problema que se le plantea, analizarlo y darte las mejores alternativas, de una forma práctica y sencilla, es algo que grandes bufetes no te dan, tal dedicación y cercanía.
Miguel Aguilar Cueto
10 de December de 2023 -
I had a really positive experience with this firm. From the very first contact, they were incredibly responsive, professional and easy to communicate with. What stood out most was how kind and approachable they were. They took the time to respond clearly and made everything feel straightforward and stress-free, which I really appreciated. Even without needing to proceed further, I felt well looked after and would definitely return to them in the future if I needed legal assistance. Highly recommended.
The KeiSki
13 de April de 2026 -
Fernando fue un gran apoyo durante todo el proceso de mi despido injusto. Desde el primer momento, me dio tranquilidad y confianza, explicándome cada paso con claridad y defendiendo mis derechos con firmeza. Gracias a su profesionalidad y ...
Julia Maria Baez Montilla
23 de March de 2025 -
Recomendable 100% gran experiencia y profesionalidad en todos los sentidos, eternamente agradecida.
Organica Yoga
9 de December de 2023 -
Tenía un problema con mi contrato de alquiler y me han ayudado a resolverlo con el propietario. Muy amables y muy rápidos.
Pamela Cabral Tiburcio
3 de November de 2025 -
Lo que más valoro de Fernando es su capacidad de empatizar, entender el problema que se le plantea, analizarlo y darte las mejores alternativas, de una forma práctica y sencilla, es algo que grandes bufetes no te dan, tal dedicación y cercanía.
Miguel Aguilar Cueto
10 de December de 2023