The Supreme Court ordered Banco Bilbao Vizcaya Argentaria (BBVA) to pay UTM 50 fine and declared abusive clauses & # 39; & # 39 lines; credit and contracts & # 39; overdraft signed with customers.
F & # 39; unanimous decision, the First Chamber of the highest court upheld the appeal against the decision of the Court of & # 39; Santiago Appeals, which annulled the fine applied to BBVA.
The National Service of reduced consumer demand for "violation of the collective interest of consumers diffuse"F & # 39; December 2011, when the bank informed its customers & # 39; increased commissions associated with the current account plans. Contracts with & # 39; Reference have been studied and found that several clauses were abusive.
For example, there is – immediate termination of the contract b & # 39; discretion of the bank, even if the holder of the account in question has fully complied with its obligations, among others.
For the party, the reduced appeal of BBVA on how its exceptions have been resolved will be rejected, and the application shall Sernac.
Moreover, the decision declared null and void the clause on "Products and Agreements Financial Services on Banking transaction for natural persons" and clause 17, regarding the mandate given to the bank to "constitute the visible part as guarantor & # 39; future obligations in promissory notes issued and f subscribe & # 39; the name of the customer. "
"It & # 39; noted that the statement at issue is the normal way to assume the obligations of & # 39; others through personal guarantee given by a third party as a guarantor or surety in favor of financial product consumers , subject to legal protection. Under & # 39; this end, the articulation principle is consistent with the function of & # 39; security requires security & # 39; of & # 39 operations; credit, is reconciled with & # 39; goodwill and seems aċċettivament limited to amounts due ".
Third guarantor act by & # 39; free and voluntary way, or can & # 39; is always be informed about the conditions and the state debt which is also responsible, with the duties of health & # 39; true information and f & # 39; timely imposed by law ", he adds.
The non-binding responsibility of BBVA, with payment of the corresponding fines, declaration of abuse and void & # 39; these stipulations, cessation of all acts that the bank carried out around these clauses, The damages generated by the infringement complained of, the determination of groups and subgroups of consumers affected, the costs of the case and any other sanctions that can & # 39; corresponds.