In order to comply with the provisions of Article 20 of Law 2/2009, of 31 March, which regulates the contracting with consumers of mortgage loans or credits and of intermediation services for the conclusion of loan or credit agreements, the following pre-contractual information is made available to THE CLIENTS of Barcelona Mortgage Servicing, SL (hereinafter BMS)
1.- Regarding the company:
Name: Barcelona Mortgage Servicing, SL
Address: c/ Muntaner, 200, 3-5, 08036 Barcelona
Contact: Telephone: 126.96.36.199 / Email: email@example.com / Web: www.barcelonams.es
CR Policy: EXSEL Underwriting Agency SL- Lloyd’sInsurance Company / Policy BNE2019908271 / Limit 460,000.00.
Registration in the Bank of Spain’s Register of Real Estate Credit Intermediaries: No. D029.
State Register of Intermediation Companies: nº607/2016 of the second section.
2.- As for the intermediation service offered:
Characteristics of the Service. BMS will provide financial intermediation services without exclusivity with any credit or financing institution, so that, at the request of the interested party, the specific financing needs will be studied in order to go to the market to find a financing solution through individuals or legal entities that grant a loan/credit with a mortgage guarantee, providing the interested party with various simulations of the repayment schedules according to the most appropriate repayment system or the one chosen by the Customer. Due information will be provided to the Client prior to the signing of the financing contract by obtaining the required documentation from the financing entity/person. BMS is not the financier of the loan, but its competences are limited to the intermediation between the borrower and the lender.
The Customer is obliged to inform BMS in a reliable manner of any doubts regarding the financing contract, as well as of the specific clauses of the financing contract which he wishes to negotiate individually with the entity/lender.
Price: The fees will be fixed and will accrue from the moment the financing contract is formalised. Notwithstanding the above, BMS will be entitled to charge 80% of the fixed fees agreed for the intermediation when, having obtained one or more binding offers of financing that meet the characteristics demanded in the financing application, the loan has not been formalised for reasons attributable to the Client. BMS does not receive any remuneration from the lender as a result of the conclusion of the loan.
BMS’ fees are as follows:
- Mediation in obtaining consumer loans:
- A maximum of 5% of the capital granted with a minimum of 600
- Mediation in obtaining mortgage loans with banks:
- Between 3% and 6% of the capital granted, with a minimum of 2,500 euros.
- Mediation in obtaining mortgage loans with private capital:
- Between 3% and 20% of the capital granted, with a minimum of 2,500 euros.
- Restructuring Business Banking Pool:
- Between 0.50% and 5% of the capital, with a minimum of 5,000 euros.
Commissions, Charges and Expenses. Obtaining the financing required by the interested party generates or may generate a series of commissions and/or expenses that are completely unrelated to the remuneration derived from the intermediary service, such as appraisals, opening commissions, service commissions, penalties, tax on documented legal acts, notary and registry fees, agency fees as well as those others that may result from the cancellation of previous charges, which will be invoiced by the corresponding entities or persons.
Taxes: The amount invoiced for financial intermediation is exempt from VAT.
Method of payment: The payment of the intermediation fees will be made by bank transfer or bank cheque made out to the company, and the corresponding invoice will be sent after the fees have been collected.
In case of Loan Grouping: If the financial intermediary advises the grouping of loans or credits into a single one, it will inform about the annual equivalent rate and the essential characteristics of the proposed loan or credit and its comparison with the loans or credits it intends to group. The comparison shall also take into account all the costs and fees for the intermediary service and all the costs and fees of the proposed loan or credit agreement.
3.- Regarding the brokerage contract:
Right of Withdrawal: THE CUSTOMER has the right to withdraw from the brokerage contract by means of reliable communication to BMS, provided that the requested operation has not been formalized and that a period of 14 days has not elapsed since the signing of the contract, without the need to give any reason and without any cost to the CUSTOMER. Without any more expenses, therefore, than those incurred and duly accredited, with the breakdown presented in the pre-contractual information.
Right of Early Termination of the Contract: The contract may be terminated early and unilaterally by anyone who, having fulfilled the obligations agreed, alleges serious and essential breach of the obligations of the counterparty and provided that he has been given a reasonable time to comply with the requirements, all in accordance with the regulations that apply.
Entitlement to the General Terms and Conditions of Business: BMS provides the interested party with the General Terms and Conditions of Business free of charge by sending a written contract containing the typical contractual terms and without any obligation on the part of the interested party to enter into a contract.
Means of complaint. BMS has a protocol for complaints and claims which is given to its customers, which sets out the procedure for making out-of-court claims and the means for making such claims.
Barcelona MS has a protocol for complaints and claims which is given to its customers, which sets out the procedure for making out-of-court claims, as well as the means for carrying them out.
Who can make a complaint: The parties to any financial mediation contract signed with Barcelona MS.
How to make a claim: The claim or complaint shall be sent signed to the Barcelona MS claims address by post (c/Muntaner 200, 3º, 5ª -08036- Barcelona) or by e-mail to: firstname.lastname@example.org, in accordance with the provisions of Law 59/2003 of 19 December on the Electronic Signature, means which can also be used for any clarification or additional consultation relating to the same or through the customer service telephone number: 93-100.23.42.
The claim or complaint must be made in writing and must include your personal details, address and the facts that justify your claim.
Minimum content of the claim: You must present your claim accompanied by all the documentation that accredits the allegations made in your interest. It must necessarily be accompanied by your national identity document or specific proxy for such management with the specific details of the financial intermediation contract signed with Barcelona MS.
In the event that a claim has been made without attaching and identifying all the documentation necessary to answer it, Barcelona MS reserves the right to file the file opened due to lack of documentation one month after the claim has been made without the customer having provided the complementary documents requested by Barcelona MS and which may be necessary to resolve the claim made.
How we resolve your claim: In the event of your claims and complaints, Barcelona MS will acknowledge receipt and analyze them with the competent personnel for their analysis and resolution. Barcelona MS will resolve your claim or complaint within one month. For the purposes of calculating this period, the start of this period shall be the time at which the complaint or claim is presented, regardless of whether the calculation can be interrupted if it has not been correctly presented; in the latter case, the calculation of the period started at the time shall be resumed. The resolution shall be binding on the real estate credit intermediary.
BMS will forward the resolution of the complaint or claim by the same means as it was filed.
Once your claim or complaint has been rejected or the maximum period for resolution has elapsed, you may submit your complaint, within a maximum period of one year from the date on which the complaint was lodged (not from the resolution of the complaint), to the entity for the resolution of consumer disputes in the financial sector, referred to in the first additional provision of Law 7/2017 of 2 November, which incorporates into Spanish law Directive 2013/11/EU of the European Parliament and Council, of 21 May 2013.
Until the entry into force of the Law provided for in the first additional provision of Law 7/2017 of 2 November, the claims service of the Banco de España will be regulated by Article 30 of Law 44/2002 of 22 November on Financial System Reform Measures.
Banco de España’s claims service
C/ Alcalá, 48, 28014 M
Language: The pre-contractual and contractual information will be provided in Spanish and may be translated into the language desired by the Client in case of lack of understanding, bearing in mind that the cost of the requested translation will be charged to the applicant.
Legislation applicable to the contract. Law 5/2019 of 15 March, regulating real estate credit contracts, is applicable.
Royal Decree 309/20019 of 26 April, which partially implements Law 5/2019 of 15 March, regulating real estate credit contracts and adopts other measures in financial matters.
Law 2/2009 of 31 March regulating the contracting with consumers of mortgage loans or credits and of intermediation services for the conclusion of loan or credit agreements.
Royal Decree 106/2011 of 28 January creating and regulating the state register of companies provided for in the aforementioned law.
Royal Legislative Decree 1/2007 of 16 November approving the Revised Text of the General Law for the Defence of Consumers and Users and other complementary regulations.