Claims against Kutxabank: floor clauses, mortgage costs and cards

Kutxabank is a Basque bank formed from the savings banks BBK, Kutxa and Caja Vital, and it owns Cajasur in Andalusia. Customers of these banks have brought consumer claims over floor clauses, mortgage costs, IRPH-indexed mortgages and credit products.

Floor clauses (cláusulas suelo): Mortgage terms that set a minimum interest rate. Since 2013 Spanish courts have held them void where they were not transparent, and since the CJEU's December 2016 ruling banks must repay everything charged under a void clause, with interest.
Mortgage set-up costs (gastos de hipoteca): Customers have claimed back part of the notary, registry, agency and valuation costs charged when the mortgage was signed, after courts held clauses passing all costs to the customer to be unfair.
Revolving credit cards: Claims that the interest rate was usurious or that the cost of the card was not explained clearly. The Supreme Court has ruled on how to compare revolving rates with the market average.
IRPH-indexed mortgages: Claims about mortgages indexed to IRPH instead of Euribor, where the question is whether the bank explained the index and its effect transparently.
Deadlines: In Spain, the Supreme Court and the Court of Justice of the European Union (CJEU) have held that the action to declare an unfair term void in a consumer contract does not expire. The time limit to recover money already paid is more debated: the CJEU has said it cannot start running before the consumer could know the term was unfair. Deadlines differ by product and are still developing through case law, so do not wait: get documents together and take advice early. Indicative period in Spain (contract claims): 5 years.

Frequently asked questions

Do I have to complain to Kutxabank before going to court?

In practice, yes. A written complaint to the bank's customer service is required before you can go to the Banco de España complaints service, and since April 2025 most civil claims in Spain require a prior attempt to settle. A documented written complaint usually serves both purposes.

Do lawyers take these cases on a no-win-no-fee basis?

Many do, especially floor clause and mortgage expense claims, because when the bank loses in full it is normally ordered to pay costs. Ask for the fee agreement (hoja de encargo) in writing, including what happens if the bank settles early.

Can I still claim if I have paid off the loan?

Often yes. Having repaid or cancelled a mortgage does not by itself prevent a claim about an unfair term, but any later agreement or waiver you signed needs to be reviewed.

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