Area of work
At REYES MONTENEGRO we have a specific department with lawyers specialised in Revolving credit card claims where we handle hundreds of claims throughout the Canary Islands with a very high success rate thanks to our fourteen years of experience claiming against financial institutions. We handle cases in all the Courts in the province of Santa Cruz de Tenerife (Tenerife, La Palma, La Gomera and El Hierro) as well as in the province of Las Palmas (Gran Canaria, Lanzarote and Fuerteventura).
Revolving cards are credit cards commonly used for day-to-day purchases, in exchange for which the customer conveniently pays at the end of the month a small fixed fee that will be paid month by month until the payments made are covered, plus very high interest and commissions.
Almost all financial institutions massively market these cards: Wizink (formerly Citibank), Cetelem, Cofidis, Santander Consumer, Caixabank, BBVA, etc… either directly or through consumer establishments such as Ikea, Carrefour (Pass), Alcampo (Oney), Iberia, etc…
To file an out-of-court and, if necessary, legal claim, we only need the contract and some monthly statements… and if the client cannot get it, with some data, we will obtain the necessary documentation through the court. Furthermore, even if the interest on the card is not considered usury because the interest rate does not reach the limit established by the Courts (like the Alcampo and Carrefour cards) there is the possibility to annul the high interest rates because of the complex wording of the contract and even the size of the text.
The amount to be recovered depends on the use that each client has made of the card and how much he has paid back to the bank from that use, but in any case, in the end we eliminate from the debt all, absolutely all, the interest and commissions and even the card insurance fees. All of it.
We ensure that, after eliminating the interest and commissions from the card, even if our client has an outstanding debt, he does not have to pay it all at once, but maintains the same monthly instalment that the client was paying, without paying interest, until he pays what he would have paid with the card.
The high level of specialisation and the large number of cases we handle means that we offer our clients very advantageous conditions for claiming their money back. We charge our fees from the financial institution issuing the card and a small success fee for the money recovered to the client. The biggest guarantee for our clients is that we do not get paid if the client does not get paid and furthermore you do not have to advance fees as we do not get paid until the client gets paid.
In REYES MONTENEGRO we have a specific department for the claim of abusive clauses in mortgage loans where we manage hundreds of claims with a very high rate of success thanks to the experience of fourteen years claiming against financial entities. We handle cases in all the Courts in the province of Santa Cruz de Tenerife (Tenerife, La Palma, La Gomera and El Hierro) as well as in the province of Las Palmas (Gran Canaria, Lanzarote and Fuerteventura).
The main abusive clauses in mortgage loans whose nullity we can obtain and which entail a financial refund to the client are the following:
Floor clauses that limit the variable interest rate applied to each instalment.
Clause of constitution expenses that impose on the consumer the payment of invoices that he/she is not legally entitled to pay, such as the valuation of the property, the notary’s bill, the land registry bill and the agency bill.
Clause of the loan commission, which is a commission imposed by the banks and which is a percentage of the loan that the consumer receives.
Early repayment commission clause where the bank charges a commission if the client pays off the loan early in the first years of the loan.
Our method is also permanently updated, adapting the claims to the latest jurisprudential developments. This permanent updating, together with the experience of the Law Firm of almost a decade specialising in winning lawsuits against banks in all instances, makes a 99% success rate in lawsuits for the nullity of abusive clauses in mortgage loans a reality. In any case, we always try to reach an amicable agreement with the bank in order to avoid legal action. The high level of specialisation and the large number of cases we handle means that we offer our clients very advantageous conditions for claiming their money back.
We collect our fees from the lending bank and a small success fee for the money recovered from the client. The biggest guarantee for our clients is that we do not get paid if the client does not get paid and furthermore you do not have to advance any fees, as we do not get paid until the client gets paid.
As lawyers specialising in banking products, we deal with investment funds and financial institutions that offer us the acquisition of unpaid mortgage debt in judicial execution on all types of properties in the Canary Islands, which when the time comes will allow our investor client to acquire properties well below the market price.
It is important to point out that this type of complex operation requires the investor client to have the financial capacity to cover the purchase price of the loan as it is not subject to financing by the financial institutions, even so we handle a wide range of loan prices on all types of properties with multiple values: from studios, houses and flats to buildings and land.
Our investor clients can safely acquire unpaid bank loans that will allow the investor to obtain a high return in any case, with the guarantee offered by a specialised law firm. We advise our clients on the most profitable options, supervise the purchase of the loan and continue with the legal procedure until it is completed, placing the property in the name of the investor client.
Crimes against property and socio-economic order
At Reyes Montenegro we are specialists in crimes against property both from the point of view of the prosecution, as well as exercising the right to defence. But what are crimes against property?
The Criminal Code defines economic crimes as any action against assets and against the socio-economic order.
Offences against assets are those aimed at undermining the assets and rights of a private individual, legal entity or public institution, for personal gain or for the benefit of a third party. The most common are theft, robbery, swindling, misappropriation, misappropriation of property, criminal insolvency, fraud on bankruptcy, corporate offences, receiving and money laundering, among others.
The common elements of all economic crimes are intentionality, characterised by the express will to commit them, profit, obtaining an illicit benefit to the detriment of others and deception. Furthermore, it should be kept in mind that following the reform of the Criminal Code brought about by Organic Law 5/2010 of 22 June, not only natural persons are liable, but legal persons may also be liable.
In summary, criminal law protects the legal right of ownership as the power to dispose of one’s own property, as well as other rights that make up the assets, such as possession, rights in rem, obligations and, in general, the power of disposal over the totality of transferable assets that legally correspond to a person.
As for the legal good of the socio-economic order, which is of a supra-individual nature, with social transcendence, its protection is fundamentally aimed at aspects such as the supranational economic order, national economic traffic with the outside world, price fixing in certain matters and sectors, the political-economic framework of business activity, instruments of business activity and the Public Treasury.
The offences referred to in this Title XIII of the Criminal Code have elements common to all of them, such as the material object and the passive subject, understood in a generic way, and the element of financial damage.
Material object
The material object can only be constituted by those material or immaterial goods with economic value, which can be economically evaluated.
Passive subject
The passive subject of these offences must necessarily have, in relation to the property or right that is the object of the offence, a relationship protected by the legal system.
Financial loss
This is any economically assessable reduction in the set of goods and rights that make up a person’s assets.
In our firm we are specialists in the exercise of private prosecution, filing of complaints and lawsuits, appearance in criminal proceedings, drafting of the indictment and attendance at trial, as well as in the defence of persons who are under investigation in criminal proceedings.
Crimes against public health
What are crimes against public health?
They are those which, when committed, cause damage to collective health and, therefore, negatively affect the general welfare and, consequently, the health of the community.
Their classification is based on Article 43.1 of the Spanish Constitution, which recognises the right to health protection as one of the guiding principles of social and economic policy.
They are regulated in Articles 359 to 378 of the Penal Code, Title XVII, Chapter III. They are divided into two main groups:
1.- Offences against public health related to trade (Articles 359 to 367 of the Penal Code).
Manufacture of substances harmful to health or chemical products that can cause havoc, of medicines or health products without authorisation, distribution of medicines without authorisation, preparation of false documents related to medicines or health products, sports doping or food fraud.
Offences against public health related to drug trafficking (Articles 368 to 378 of the Criminal Code):
Trafficking in narcotics and/or drug precursors, preparatory acts and international recidivism, as well as distribution and commercialisation of these substances.
At Reyes Montenegro we are specialists in successfully defending the accused in these crimes.
What is a traffic accident?
A traffic accident is understood to be one that occurs between two or more vehicles, or between a motor vehicle and another thing or person.
As is well known by all, there are various causes that cause them, mechanical failures, speeding, poor road conditions, distractions at the wheel (mobile, use of GPS while moving, etc.) as well as the consumption of alcohol and/or drugs that have a negative impact on the ability to react and that lead to an increase in the accident rate.
At this point the question is: Am I entitled to compensation, in which case what damages are covered?
The answer, which at first glance might seem simple, is not, because it all depends on who is responsible for the accident. In this sense, if you are not responsible for the accident, you will be entitled to compensation.
And what damages are covered by a civil liability insurance policy taken out with an insurance company?
The damages that can be suffered in a traffic accident are material (vehicles, belongings…) or personal (injuries or loss of life). However, we must be clear that not all policies cover all types of damage, depending on the type of policy taken out.
All vehicles are obliged to have an insurance policy covering compulsory civil liability (third party insurance) which covers all material and personal damages caused to third parties in the event that the insured driver is responsible for the accident.
However, it does not cover personal damages suffered by the responsible driver or material damage to the vehicle causing the accident, up to the limit agreed in the policy taken out. This is different from what is known as “comprehensive insurance”, which would cover both, own damage (material and personal) and damage to third parties.
This being the case, the following question arises: I have had a traffic accident, what should I do?
The first thing you should know is that you are entitled to be compensated not only for the material damage caused to your vehicle, but also for injuries and expenses incurred as a result of the accident. This procedure can often become complicated due to lack of information and knowledge about who to contact, how and how much to claim and what to do in the event that the claim is not honoured by the insurance company. For this reason, it is advisable to go to a law firm specialising in this area who will resolve all your doubts and initiate the extrajudicial and judicial procedures to obtain the compensation that you are entitled to.
We have all heard of inheritance, of the right to inherit, but do we really know what inheritance is?
Inheritance is the estate (assets, rights and obligations) acquired by a person called heir or legatee due to the death of the previous owner.
However, and although conceptually it may seem simple, the truth is that, at such a delicate moment as the death of a relative, a thousand doubts arise about how to act, who is or is not an heir, what is my right to inherit, in what proportion, what happens with the debts or with the liquidation and presentation of the corresponding tax.
In this sense, our law firm is a specialist in this matter in a double aspect:
Preliminary phase:
Consisting of advice on how to make the will in the terms that you wish, determining the destination of your assets, but respecting the law to prevent it from being subject to future challenges. That is to say, informing you of who would be the legal heirs in your specific case and what the distribution should be based on the fact that the inheritance is divided into three parts:
- The third of the strict legitimate share is distributed among the descendants in equal parts. If someone has died before, his descendants will inherit by right of representation in equal shares, unless otherwise stated in the will. In the absence of descendants, their ascendants shall also inherit in equal shares.
- The third of improvement can be divided between children and descendants, but it does not have to be in equal shares. One or more children may benefit one or more than one or more others. If there is no will, or if the will does not expressly say anything, this third is added to the third of the strict legitimate and is divided equally among the children and descendants.
- The third of free disposition, on this part, the testator has absolute freedom, being able to leave it to whomever he wishes.
Subsequent phase:
Once the death of the relative or close person occurs, our law firm will take care of advising you in the whole procedure, from making the declaration of heirs (declaration of persons called to inherit in case of not having granted a will), to the subsequent acceptance of the inheritance and preparation and settlement of inheritance tax.
At REYES MONTENEGRO we have a specific department with lawyers specialised in Revolving credit card claims where we handle hundreds of claims throughout the Canary Islands with a very high success rate thanks to our fourteen years of experience claiming against financial institutions. We handle cases in all the Courts in the province of Santa Cruz de Tenerife (Tenerife, La Palma, La Gomera and El Hierro) as well as in the province of Las Palmas (Gran Canaria, Lanzarote and Fuerteventura).
Revolving cards are credit cards commonly used for day-to-day purchases, in exchange for which the customer conveniently pays at the end of the month a small fixed fee that will be paid month by month until the payments made are covered, plus very high interest and commissions.
Almost all financial institutions massively market these cards: Wizink (formerly Citibank), Cetelem, Cofidis, Santander Consumer, Caixabank, BBVA, etc… either directly or through consumer establishments such as Ikea, Carrefour (Pass), Alcampo (Oney), Iberia, etc…
To file an out-of-court and, if necessary, legal claim, we only need the contract and some monthly statements… and if the client cannot get it, with some data, we will obtain the necessary documentation through the court. Furthermore, even if the interest on the card is not considered usury because the interest rate does not reach the limit established by the Courts (like the Alcampo and Carrefour cards) there is the possibility to annul the high interest rates because of the complex wording of the contract and even the size of the text.
The amount to be recovered depends on the use that each client has made of the card and how much he has paid back to the bank from that use, but in any case, in the end we eliminate from the debt all, absolutely all, the interest and commissions and even the card insurance fees. All of it.
We ensure that, after eliminating the interest and commissions from the card, even if our client has an outstanding debt, he does not have to pay it all at once, but maintains the same monthly instalment that the client was paying, without paying interest, until he pays what he would have paid with the card.
The high level of specialisation and the large number of cases we handle means that we offer our clients very advantageous conditions for claiming their money back. We charge our fees from the financial institution issuing the card and a small success fee for the money recovered to the client. The biggest guarantee for our clients is that we do not get paid if the client does not get paid and furthermore you do not have to advance fees as we do not get paid until the client gets paid.
In REYES MONTENEGRO we have a specific department for the claim of abusive clauses in mortgage loans where we manage hundreds of claims with a very high rate of success thanks to the experience of fourteen years claiming against financial entities. We handle cases in all the Courts in the province of Santa Cruz de Tenerife (Tenerife, La Palma, La Gomera and El Hierro) as well as in the province of Las Palmas (Gran Canaria, Lanzarote and Fuerteventura).
The main abusive clauses in mortgage loans whose nullity we can obtain and which entail a financial refund to the client are the following:
Floor clauses that limit the variable interest rate applied to each instalment.
Clause of constitution expenses that impose on the consumer the payment of invoices that he/she is not legally entitled to pay, such as the valuation of the property, the notary’s bill, the land registry bill and the agency bill.
Clause of the loan commission, which is a commission imposed by the banks and which is a percentage of the loan that the consumer receives.
Early repayment commission clause where the bank charges a commission if the client pays off the loan early in the first years of the loan.
Our method is also permanently updated, adapting the claims to the latest jurisprudential developments. This permanent updating, together with the experience of the Law Firm of almost a decade specialising in winning lawsuits against banks in all instances, makes a 99% success rate in lawsuits for the nullity of abusive clauses in mortgage loans a reality. In any case, we always try to reach an amicable agreement with the bank in order to avoid legal action. The high level of specialisation and the large number of cases we handle means that we offer our clients very advantageous conditions for claiming their money back.
We collect our fees from the lending bank and a small success fee for the money recovered from the client. The biggest guarantee for our clients is that we do not get paid if the client does not get paid and furthermore you do not have to advance any fees, as we do not get paid until the client gets paid.
As lawyers specialising in banking products, we deal with investment funds and financial institutions that offer us the acquisition of unpaid mortgage debt in judicial execution on all types of properties in the Canary Islands, which when the time comes will allow our investor client to acquire properties well below the market price.
It is important to point out that this type of complex operation requires the investor client to have the financial capacity to cover the purchase price of the loan as it is not subject to financing by the financial institutions, even so we handle a wide range of loan prices on all types of properties with multiple values: from studios, houses and flats to buildings and land.
Our investor clients can safely acquire unpaid bank loans that will allow the investor to obtain a high return in any case, with the guarantee offered by a specialised law firm. We advise our clients on the most profitable options, supervise the purchase of the loan and continue with the legal procedure until it is completed, placing the property in the name of the investor client.
Crimes against property and socio-economic order
At Reyes Montenegro we are specialists in crimes against property both from the point of view of the prosecution, as well as exercising the right to defence. But what are crimes against property?
The Criminal Code defines economic crimes as any action against assets and against the socio-economic order.
Offences against assets are those aimed at undermining the assets and rights of a private individual, legal entity or public institution, for personal gain or for the benefit of a third party. The most common are theft, robbery, swindling, misappropriation, misappropriation of property, criminal insolvency, fraud on bankruptcy, corporate offences, receiving and money laundering, among others.
The common elements of all economic crimes are intentionality, characterised by the express will to commit them, profit, obtaining an illicit benefit to the detriment of others and deception. Furthermore, it should be kept in mind that following the reform of the Criminal Code brought about by Organic Law 5/2010 of 22 June, not only natural persons are liable, but legal persons may also be liable.
In summary, criminal law protects the legal right of ownership as the power to dispose of one’s own property, as well as other rights that make up the assets, such as possession, rights in rem, obligations and, in general, the power of disposal over the totality of transferable assets that legally correspond to a person.
As for the legal good of the socio-economic order, which is of a supra-individual nature, with social transcendence, its protection is fundamentally aimed at aspects such as the supranational economic order, national economic traffic with the outside world, price fixing in certain matters and sectors, the political-economic framework of business activity, instruments of business activity and the Public Treasury.
The offences referred to in this Title XIII of the Criminal Code have elements common to all of them, such as the material object and the passive subject, understood in a generic way, and the element of financial damage.
Material object
The material object can only be constituted by those material or immaterial goods with economic value, which can be economically evaluated.
Passive subject
The passive subject of these offences must necessarily have, in relation to the property or right that is the object of the offence, a relationship protected by the legal system.
Financial loss
This is any economically assessable reduction in the set of goods and rights that make up a person’s assets.
In our firm we are specialists in the exercise of private prosecution, filing of complaints and lawsuits, appearance in criminal proceedings, drafting of the indictment and attendance at trial, as well as in the defence of persons who are under investigation in criminal proceedings.
Crimes against public health
What are crimes against public health?
They are those which, when committed, cause damage to collective health and, therefore, negatively affect the general welfare and, consequently, the health of the community.
Their classification is based on Article 43.1 of the Spanish Constitution, which recognises the right to health protection as one of the guiding principles of social and economic policy.
They are regulated in Articles 359 to 378 of the Penal Code, Title XVII, Chapter III. They are divided into two main groups:
1.- Offences against public health related to trade (Articles 359 to 367 of the Penal Code).
Manufacture of substances harmful to health or chemical products that can cause havoc, of medicines or health products without authorisation, distribution of medicines without authorisation, preparation of false documents related to medicines or health products, sports doping or food fraud.
Offences against public health related to drug trafficking (Articles 368 to 378 of the Criminal Code):
Trafficking in narcotics and/or drug precursors, preparatory acts and international recidivism, as well as distribution and commercialisation of these substances.
At Reyes Montenegro we are specialists in successfully defending the accused in these crimes.
What is a traffic accident?
A traffic accident is understood to be one that occurs between two or more vehicles, or between a motor vehicle and another thing or person.
As is well known by all, there are various causes that cause them, mechanical failures, speeding, poor road conditions, distractions at the wheel (mobile, use of GPS while moving, etc.) as well as the consumption of alcohol and/or drugs that have a negative impact on the ability to react and that lead to an increase in the accident rate.
At this point the question is: Am I entitled to compensation, in which case what damages are covered?
The answer, which at first glance might seem simple, is not, because it all depends on who is responsible for the accident. In this sense, if you are not responsible for the accident, you will be entitled to compensation.
And what damages are covered by a civil liability insurance policy taken out with an insurance company?
The damages that can be suffered in a traffic accident are material (vehicles, belongings…) or personal (injuries or loss of life). However, we must be clear that not all policies cover all types of damage, depending on the type of policy taken out.
All vehicles are obliged to have an insurance policy covering compulsory civil liability (third party insurance) which covers all material and personal damages caused to third parties in the event that the insured driver is responsible for the accident.
However, it does not cover personal damages suffered by the responsible driver or material damage to the vehicle causing the accident, up to the limit agreed in the policy taken out. This is different from what is known as “comprehensive insurance”, which would cover both, own damage (material and personal) and damage to third parties.
This being the case, the following question arises: I have had a traffic accident, what should I do?
The first thing you should know is that you are entitled to be compensated not only for the material damage caused to your vehicle, but also for injuries and expenses incurred as a result of the accident. This procedure can often become complicated due to lack of information and knowledge about who to contact, how and how much to claim and what to do in the event that the claim is not honoured by the insurance company. For this reason, it is advisable to go to a law firm specialising in this area who will resolve all your doubts and initiate the extrajudicial and judicial procedures to obtain the compensation that you are entitled to.
We have all heard of inheritance, of the right to inherit, but do we really know what inheritance is?
Inheritance is the estate (assets, rights and obligations) acquired by a person called heir or legatee due to the death of the previous owner.
However, and although conceptually it may seem simple, the truth is that, at such a delicate moment as the death of a relative, a thousand doubts arise about how to act, who is or is not an heir, what is my right to inherit, in what proportion, what happens with the debts or with the liquidation and presentation of the corresponding tax.
In this sense, our law firm is a specialist in this matter in a double aspect:
Preliminary phase:
Consisting of advice on how to make the will in the terms that you wish, determining the destination of your assets, but respecting the law to prevent it from being subject to future challenges. That is to say, informing you of who would be the legal heirs in your specific case and what the distribution should be based on the fact that the inheritance is divided into three parts:
- The third of the strict legitimate share is distributed among the descendants in equal parts. If someone has died before, his descendants will inherit by right of representation in equal shares, unless otherwise stated in the will. In the absence of descendants, their ascendants shall also inherit in equal shares.
- The third of improvement can be divided between children and descendants, but it does not have to be in equal shares. One or more children may benefit one or more than one or more others. If there is no will, or if the will does not expressly say anything, this third is added to the third of the strict legitimate and is divided equally among the children and descendants.
- The third of free disposition, on this part, the testator has absolute freedom, being able to leave it to whomever he wishes.
Subsequent phase:
Once the death of the relative or close person occurs, our law firm will take care of advising you in the whole procedure, from making the declaration of heirs (declaration of persons called to inherit in case of not having granted a will), to the subsequent acceptance of the inheritance and preparation and settlement of inheritance tax.