Ability to claim interest from the 8/8/2002
GONZALO SIVATTE
Do you think that the policy of struggle against the delinquency has been totally ignored by entrepreneurs?
Obviously, the Government has not made any effort to employers know that you are not allowed to defer payments without the express consent of the creditor beyond 60 days, with regard to the obligations that must be met by the Public Administrations and 30 days between private companies.
Is it true that the directive applies to all relationships between firms and companies with the Management?
Of course, the directive is for all over the world and affects both the commercial relations that lead to the delivery of goods or the provision of services conducted between companies, as well as the relationships established between these and the Public Administration.
What is it that most highlight of the directive against the slowness?
Without doubt the most remarkable and extraordinary is that this law has been forced to pick up the application of the same retroactively from the time that should have entered into force in Spain, that is to say, the effects in terms of the types of interest rates applicable in case of delay are applied from the August 8, 2002. And in addition, such an application is automatic, which is the interest rate fixed by the Law will be enforceable by, the mere failure to pay within the agreed period or legally established, without need of notice or intimation whatsoever on the part of the creditor.
What if the most important thing is retroactive to August 8, 2002, this mean that they are reclamables the interests of delay since the interest specified in the new policy?
Yes, we in the office Llobet & Beirat we are making demands in claim interest on late payments today, but with retroactive effect, claiming the interest from the said date, with which, anyone who does not have agreed in a contract to any other kind of interest, you can claim the interest on arrears specified in the policy retroactively from the 8/08/02.
This firm has created a group legal specialized in this type of claim which gathers at an interest rate that varies from 9% to 10,35% depending on the year that have caused the delay, on the assumption that the computer can be started from the 8/08/02. Which leads us to have a highly effective instrument that legally applied leads without doubt to great success, as it not only recovers the desvalor suffered by the elapsed time between the time that he had made the payment, and the date on which it takes place, but that can be a means of dissuasion of delays in the payment of services or supplies.
Do you think that this type of application should be used by companies in general?
Companies need to overcome the lack of knowledge of the Law and claim for judicial interests set by the european directive.2000/35/EC. It is the only way to get an interest rate of almost 11% from the 8/08/02, as it offers them the above-mentioned directive, moreover, should also be noted other highlights of the insolvency Law: the possibility of a claim for recovery costs generated by the delay in the payment of the financial obligations, or even urge the judicial nullity of clauses that are considered unfair by differ without good cause, to the payment terms set by the Law of non-performing loans. For this purpose it is necessary to go to court to be declared by the judge to the invalidity of those clauses that serve primarily to provide the debtor additional liquidity at the expense of the creditor. In summary, it is about trying to get the most out of this Law of recovering, to the extent possible, the economic costs that supposed delinquencies and trying to eradicate it in the future.