As Confi Legal tells it, a client has managed to The courts declare three loans null and void who signed in 2018 with the platform Dindin.eslater transferred to the financial company AHR Finance S.L.U.because they included extremely abusive interestswith a APR up to 2,311.26%.
The financial institution had sued the client, claiming more than 3.138 eurosinterest and costs for non-payment. However, the defendant filed a usury counterclaimrequesting the nullity of the contracts and the return of what was paid in excess of the capital lent.
The case was resolved by Court of First Instance No. 5 of Cádizwhose magistrate Ana María Chocarro López upheld the consumer’s claims, declaring contracts void for usury and rejecting the claim of the financial
In addition to appreciating the abusive intereststhe judge concluded that the action of the financial company was prescribedsince more than five years had passed since the expirations (May and June 2018) and there was no evidence of any extrajudicial claim since then.
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As a result, the client is released from debt and has the right to claim the refund of amounts paid that exceed the capital borrowedthus reinforcing consumer protection against disproportionate microcredits.
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