Full nullity of the contract
100% void
If the APR exceeds the Bank of Spain average rate by more than 6 percentage points (STS 258/2023), the contract is void from the outset. It is as if you had never signed.
If your card's APR exceeds by more than 6 percentage points the average rate the Bank of Spain published when you took it out, the Spanish Supreme Court declares it usurious: the contract is void, all interest paid from day one is refunded and any outstanding debt is cancelled. And even below that margin, your card can still be annulled if the lender never explained clearly, and in advance, how the revolving mechanism worked.
Cuando se declara la nulidad por usura, no solo se anula el contrato — se devuelve absolutamente todo lo cobrado durante toda la vida de la tarjeta.
If the APR exceeds the Bank of Spain average rate by more than 6 percentage points (STS 258/2023), the contract is void from the outset. It is as if you had never signed.
You recover all the interest you have paid from day one. On cards several years old, this often exceeds €5,000.
Handling fees, late-payment fees, minimum-payment fees, ATM withdrawal fees, return fees... charged during the life of the contract — all reclaimable once the contract is void.
Life insurance, payment protection insurance, unemployment insurance... any insurance sold to you with the card is also void and the premiums paid are reclaimable.
If you are still paying or have an outstanding balance, when nullity is declared the remaining debt is cancelled. You will only have to return the actual principal drawn down, with no interest or charges.
On all amounts claimed, we accrue statutory interest from the date of each payment. It increases the final amount by 15-25%.
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The Spanish Supreme Court doctrine on revolving credit cards is fully consolidated. These are the three key rulings we apply to every case.
Founding case. The Plenary of the Spanish Supreme Court declares revolving credit usurious when the APR is notably above the average consumer credit market rate.
The Supreme Court rules that a 26.82% APR on a WiZink revolving card is usurious. It establishes that the correct benchmark is the specific Bank of Spain revolving-card average rate.
The Plenary puts a figure on the test. Revolving credit is usurious where its APR exceeds by more than 6 percentage points the Bank of Spain average rate for that product on the contract date. This is the calculation applied today.
Two Plenary judgments. The remunerative interest clause, assessed together with the revolving repayment mechanism, is unfair where it was not transparent: the lender had to explain, before signing, how the capital is replenished and what real risk you were taking on. This works even when the APR falls short of the 6-point margin.
The Supreme Court upholds Asufin’s collective action and declares the revolving clauses of the Pass card unfair. The 21.99% APR was not usurious and the card fell anyway: the information was handed over at signature, not in advance. It confirms the snowball effect must be warned about beforehand.
The Supreme Court extends the 6-point rule to personal consumer loans (Younited case: 16.61% APR against an 8.10% average). It reinforces claims over usurious loans and payday credit.