Vigo, March 22, 2023.
Even if a loan or revolving card is not usurious due to its interest, it can be due to its leonine nature
Asesority, manages to cancel a revolving card contract alleging the leonine character. This is the sentence of the Court of First Instance and Instruction nº 2 of Gavà, nº 17/2023, dated February 14, 2023. In this sentence the nullity of the contract is declared and the Court is concise about the leonine character in the case of a Cofidis card: the sentence is detailed, it is a credit that is easy to obtain, and with an apparent “easy” repayment: the easy fee. But a final result that is seriously detrimental to the client, in which, even without raising the interest rate, which is already very high, they end up paying a total interest rate that is completely disproportionate to the capital provided. In other words, the profile of a leonine contract. The contractual complex that this legal/economic structure entails ends up configuring a true contractual web, which is based, apart from this collectivization of risk, on the ease and intentional reduction of monthly installments, chosen by the client within the limits predetermined by the financier, as well as in that the amount of the installments that the cardholder pays to the financial company on a regular basis once again form part of the capital of the available credit of the client, for which reason It constitutes a credit that is automatically recharged with the same periodicity as the payments. The revolving credit, in short, ends up being configured as a credit comparable to a perpetual credit line and to which, on the capital disposed by the consumer, it is The agreed interest rate applies. A trap from which the client escapes with difficulty and if he escapes, it is after having paid certain amounts of interest that, on many occasions, multiplies the loaned capital. If there are defaults, the defaulted debt is capitalized again with accrual of interest, with which the debt becomes inexhaustible. When a contract is leonine The nullity of a leonine contract for revolving cards occurs, not because of usury in the interest applied , if not due to the lack of understanding of the clauses of the contract, the ignorance of the operation of the revolving credit and the fact that the consumer does not know the risks and additional economic charges of the revolving card. The criteria followed by the Provincial Court of Zaragoza in relation to revolving cards, focuses on the leonine character of the contract, due to the mechanism of its operation, regardless of whether the interest rate applied may be in the average of similar products, and not exceed 6 points, with respect to the average of the Bank of Spain, which established the Supreme Court. The assumption of a leonine contract occurs when a complex product is designed with harmful results s for the consumer debtor, through the configuration of a so-called easy installment, which constitutes the lure for him but that can drag him into a financial structure that makes him a captive debtor of the system, and in which such convenience drags him to an eternal debt by practically not repaying any amount, thus turning the loan into an eternal debt, in which only interest is paid. It takes an experience far superior to that of the average citizen to understand these risks. In short, not yet The loan being usurious due to its interest, it can be so because it is leonine. In short, it is leonine because through an easy fee the client is led to pay a disproportionate total interest, without it being stated that there is specific financial information that would allow the client to make a full representation of the financial risks that this credit entailed. Consequence of the nullity of the contract by leonino If a contract is declared leonine, entails the nullity of the contract, as proclaimed in Art. 3 of the Ázcarte Law of 07-23-1908. The borrower is obliged to deliver only the amount received, so the return of interest or amounts received by the bank that exceed the loaned capital proceeds.
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