May 7, 2016

Terms & Conditions

SBR Terms & Conditions
This Agreement forms a contract between you the ‘Client(s)’ and Spanish Bank Refunds (SBR). Spanish Bank Refunds is a portal/website privately owned  You should not sign this contract until you have read the agreement and services that SBR provide, including any fees payable to them.
Please note that you have a 14 day cooling off period to withdraw from the contract.
  1. THE SERVICE PROVIDED
1.1 SBR will pass on your information to a Spanish lawyer who will pursue a claim for cláusulas suelo against the lender on behalf of you on a ‘No Win No Fee’ contingency basis. The lawyers will only progress claims which appear to have sufficient grounds to justify making a claim from the information provided to SBR by you.
1.2 In signing these terms and conditions you agree to instruct SBR to attempt to bring a claim for all products with the lender. SBR will be entitled to a contingency fee (as set out below) cláusulas suelo
  1. PROCEDURE
2.1 Upon receipt of your completed Claim Pack SBR Lawyers will instigate a complaint on behalf of you with the Lender/Broker responsible for the alleged claim. This complaint will be handled within the internal complaint procedures of the Lender/Broker,
2.2 SBR Lawyers will pursue a complaint through such procedures until a decision is received from the Lender/Broker. This decision will be assessed in line with our assessment of the value of the claim and, if required.
2.3 SBR Lawyers will progress the claim until a final conclusion is reached. Where that conclusion is successful, SBR will be entitled to charge a fee in line with that agreed under clause 3 entitled ‘SBR Fees’ below.
2.4 SBR Lawyers may be unable to progress your claim under certain circumstances. Where this is the case we will notify you in writing of our decision not to proceed, and, upon request, will provide you with a concise explanation as to why we are unable to proceed further with your claim.
  1. SBR FEES
3.1 No fees will be charged to you in respect of an unsuccessful claim. Where a claim is successful, SBR will charge a contingency fee representing no more than 25% plus VAT at the prevailing rate (currently 21%) in respect of any redress/compensation/goodwill payment recovered on your behalf. The contingency fee of 25% plus VAT is calculated before any applicable tax payment/deduction of which you are liable. Under no circumstances will you be required to pay more than this amount.
3.2 Should you receive and accept an offer for the balance of a credit agreement to be written off, or for redress/compensation to be offset against arrears, the fees will be calculated at 25% of the write off or amount offset, plus VAT at the prevailing rate.
Examples of the fee structure are set out below and can be explained further by contacting our office directly:
Example: A Compensation is paid in full
  • Total compensation:    €3000
  • Of which award is        €3000
  • Fee charged @ 25%   €750
  • VAT@ 21%                 €157.50
  • Total Fee                      €907.50
  • Consumer receives     €2,092.50
    (and no reduction in loan as it is already paid off in full)
Example: B Compensation is used to offset mortgage consumer has.
  • Total compensation:   €3000
  • Of which award is         €3000
  • Set off arrears            €3000
  • Fee charged @ 25%  €750
  • VAT@ 20%                €157.50
  • Total Fee                   €907.50
  • Consumer pays         €907.50
    (and a reduction of €2.092.50 in their outstanding loan)
4, DOCUMENTATION
You must provide all documents which you may have in your possession from the Lender, Broker or Insurer which may assist in the preparation of the claim. Normally you will only need a copy of your ESCRITURA de HIPOTECA Not the COMPRA de VENTA as well as a Copy of one proof of Mortgage payment to your bank/lender you may also be required to provide proof of your identity and/or proof of address as required. it would also be an advantage if you had your NIE number and passport number to hand. You must complete all documentation and disclose all relevant information which is pertinent to your claim in a truthful manner, which is accurate to the best of your knowledge.
  1. THE RISKS OF MAKING A CLAIM
The procedure outlined in this document is intended to minimise the risk of making a claim against a third party. In the normal course of events, if the claim is not pursued, there is nothing for you to pay as any liability for fees only arises upon a successful outcome; however, there are circumstances where risks may exist. You therefore acknowledge that the following risks are involved in making a claim:
(i) That you may lose your case or your case may be closed due to lack of evidence.
  1. REGULATORY BODIES
SBR is operating as an introduction service only to the lawyers the lawyers are regulated under lawyers (abogados) who are members of either the Colegio de Abogados de Madrid (Madrid Bar Association), or the Colegio de Abogados de Barcelona (Barcelona Bar Association),
  1. TERMINATION
7.1 You may terminate this agreement with SBR lawyers, in writing at any time. No cancellation fee will be charged if you decide to terminate this agreement prior to the claim being successful. Your claim is deemed successful if we send a letter of complaint and you go on to receive an offer from the lender which you accept, (even if post termination). Upon signing this agreement you will have 14 days to cancel the agreement without any consequence or charge. This process is known as ‘cooling off’, and where SBR lawyers are instructed to do so, they will acknowledge that the agreement has been terminated in writing.
7.2 You acknowledge that once a claim has been successful or you receive any benefit from instructing SBR to bring a claim, you will be liable to pay the contingency fee as set out at clause 3 above. Termination of this agreement following such success will still incur the appropriate fee as outlined in point 3 of this agreement.
8.3 In some cases, SBR lawyers may decide that they are unable to continue to act for you. Examples of where this may occur are: if SBR lawyers cannot obtain clear instructions from you; if they believe that they will not be successful in your claim, or; if they have been given misleading instructions or information from you.
  1. AGREEMENT
This agreement will be effective from the date that you sign it with our legal team. when filling in our online form you agree for us to use third party lawyers to help claim your money back.
This is a web based electronic service and by submitting the claim refund form you agree to our terms of business as stated above and you agree to be contacted, however you do have the 14 days statutory cooling off period.
If you wish to be removed from our data base and not be contacted please send email to office@spanishbankrefunds.com with REMOVE in subject box

You agree to our agents Reclaim in Spain contacting you in the future to discuss your claims progression and discuss other claims associated with your mortgage I. E. IRHP and Arrangement fees