How to Claim Against Revolving Credit Cards:
The Supreme Court, in its ruling STS 155/2025, has once again addressed the issue of revolving credit cards and the unfairness of certain interest rate clauses. This ruling underscores the importance of transparency controls in the contracting of financial products, opening the door for many consumers to bring claims against potential abuses. In this article, we explain the options available to consumers, the steps to follow, and how alternative dispute resolution methods can play a key role in these cases.
What are revolving credit cards and why may they contain unfair clauses?
Revolving credit cards are a form of revolving credit that allows the consumer to access a sum of money repayable in monthly instalments, part of which covers interest and part of which reduces the outstanding balance. However, due to their structure, it is easy for consumers to fall into a "snowball" of never-ending debt.
The Supreme Court notes in this ruling that one of the key problems is the lack of transparency in the information provided to the consumer, which prevents them from fully understanding the risks and costs associated with the product. This may lead to certain clauses being deemed unfair.
What options does the consumer have to make a claim?
If you believe your revolving credit card agreement contains unfair clauses, the following options are available:
- Contract review: We review the terms of your card to identify potentially unfair clauses, such as an excessively high interest rate (above the market average).
- Transparency assessment: We verify whether the lender provided you with clear and comprehensible information before you signed the agreement. A failure to provide adequate information may result in certain clauses being declared void.
- Nullity action on grounds of usury or lack of transparency: We can bring legal proceedings to have unfair contract terms declared null and void, and seek reimbursement of any amounts overpaid.
Steps to making a claim with the help of a lawyer
If you decide to make a claim, it is advisable to follow these steps with the assistance of a lawyer specialising in banking law:
- Contract review: Your lawyer will analyse the contract to identify any potential irregularities.
- Gathering documentation: It is important to collect all documentation relating to the card (contracts, statements, correspondence with the institution, etc.).
- Out-of-court claim: Before resorting to the courts, your lawyer can submit a formal complaint to the financial institution requesting that the unfair terms be declared void and that any improperly charged amounts be refunded.
- Commencing court proceedings: If the institution fails to respond or rejects the claim, a judicial claim may be filed.
- Enforcement of the ruling: If the court rules in favour of the consumer, your lawyer will manage the enforcement of the ruling to recover the amounts owed.
Alternative Dispute Resolution Methods:
In line with recent reforms to the judicial system, alternative dispute resolution methods have gained greater prominence in the banking sector. The following options must be considered before bringing a claim before the courts:
- Direct negotiation: The consumer, assisted by their lawyer, may attempt to reach an agreement with the financial institution before taking the matter to court.
- Mediation: An impartial mediator facilitates dialogue between the parties to reach a mutually satisfactory solution.
- Binding offer: The financial institution may present the consumer with a binding offer to resolve the dispute quickly and avoid court proceedings.
These methods can be less costly and faster than traditional court proceedings, making them an attractive alternative in many cases.
Conclusion
The ruling in Supreme Court STS 155/2025 represents a significant step forward in consumer protection within the financial sector. If you have a revolving credit card and suspect it contains unfair terms, do not hesitate to consult our specialist lawyer to explore your options for making a claim.
