The AP25 of Madrid vacates the judgment of court of first instance to return the interest to the client.
The court of second instance of Madrid agrees with us in a proceeding against Wizink for a revolving credit card, condemned in the court of first instance for breach of the General Conditions of Contract, but not for usury, which did not give rise to the return of the interest.
Having appealed this resolution, the AP25 confirms are position and considers that the interest is usurious, resulting in returning the proceedings to the court of first instance for the calculation of the interest and its payment to the client.
Our partner had contracted the revolving card with this entity since 2000, and had accessed 27,500 euros in 19 years, having paid Wizink up to 45,200 euros, and still owing up to 7,800 euros.
Revolving credit cards are very dangerous for consumers, given that the debt repayment mechanism generates disproportionate user interest, even if the amounts available each month are small. Finally, the total debt contracted with the entity is extremely high, and may reach interest higher than that of the balance.
Product: Revolving credit card
Court: AP25 Bis Madrid
Legal direction: Francisco Roldán
Date: 29/09/2023
Entity: WIZINK
