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Who can request a deferral?

Any natural person borrowers who, as a consequence of the health emergency caused by COVID-19, find themselves in a situation of economic vulnerability may request the deferral.

 

You can request the deferral of loans and credits without mortgage security (including credit cards).

 

According to the provisions set forth therein, the economic vulnerability requirements which must be fulfilled to be eligible for the debt deferral are the following:

 

a)  That the borrower becomes unemployed or, in the case of businessmen or self-employed professionals, suffers a substantial loss of their income or a substantial fall in their invoicing of at least 40%.

 

b)  That, in the month preceding the request for deferral, the overall income of the family unit's1 members did not exceed:

 

i. In general, the limit of three times the monthly Public Income Indicator for Multiple Purposes (hereinafter "IPREM"2); that is to say, €1,613.52.

ii. This limit shall be increased by 0.1 times the IPREM for each dependent child in the family unit. The increase which applies for each dependent child shall be 0.15 times the IPREM in the case of single-parent family units.

iii. This limit shall be increased by 0.1 times the IPREM for each person aged over 65 who is a member of the family unit.

iv. Should any of the family unit's members have a declared disability level equivalent to or exceeding 33%, a situation of dependence or a certified illness that incapacitates them from performing a work activity on a permanent basis, the limit envisaged in subparagraph (i) shall be four times the IPREM, without detriment to any cumulative increases for dependent children.

 

Should the borrower be a person suffering from cerebral paralysis, a mental illness or an intellectual disability having a recognised disability level equivalent to or exceeding 33%, or be a person suffering from a physical or sensory disability having a recognised disability level equivalent to or exceeding 65%, as well as in the case of people suffering from a certified severe illness which incapacitates the person or their carer from performing a work activity, the limit envisaged in subparagraph (i) shall be five times the IPREM.

 

c)  In any cases where they have taken out a mortgage loan, that the mortgage repayments plus expenses and basic utilities exceed or are equivalent to 35% of the net income received by all the family unit's members.  

 

"Expenses and basic utilities" shall be construed to mean the amount of the cost of electricity, gas, heating oil and running water utilities, along with the cost of landline and mobile telecommunications services and condominium fees. Solely the services supplied to the family unit's main residence shall be deemed "expenses and basic utilities".

 

d)  That, as a consequence of the health emergency, the family unit has suffered a significant alteration of its economic circumstances in terms of the effort needed to pay for the home. It shall be construed that this circumstance has come about where the effort accounted for by the mortgage burden in relation to family income has been multiplied by at least 1.3.

 

For any requests for a non-mortgage debt deferral, the following considerations must be taken into account concerning subparagraphs (c) and (d) above for the purpose of making the calculation:

 

- If the borrower is also the beneficiary of a mortgage debt deferral, its application shall not be taken into account.
- If the borrower does not have a mortgage but does have a rented main residence and/or personal loans from financial institutions:
i. A far as subparagraph (c) is concerned, the amount of the mortgage repayments shall be replaced by the total sum of said amounts, including rent even though it may be subject to deferral.
ii. As far as subparagraph (d) is concerned, the total sum of said amounts shall be used for the purpose of calculating the mortgage burden.

When can it be requested for the deferrals?

Any borrowers who consider that they find themselves in a situation of economic vulnerability as a result of the health emergency caused by COVID-19 may request their credit institution for a deferral until September 29, 2020

 

i. Personal Loan Form: You can send your request for personal loans Deferrals through our website and thus avoid trips. All the necessary documentation for your study must be presented.

ii. Credit Card Form: You can submit your credit card payment deferral request on our website, thereby avoiding the need to visit a branch. All documents that need to be examined must be submitted.

 

The deferral involves suspending the debt during a 3-month period (which may be extended through a Resolution taken by the Cabinet), during which time the payment of neither capital nor interest shall be required.

What documents must be submitted when requesting the debt deferral?

When filing the request, the following documents must be submitted:

 

a) In the event of a legal situation of unemployment, a certificate issued by the benefits management entity stating the monthly amount received for unemployment benefits or subsidies.

 

b)  b) In the event of a cessation of self-employed workers' activity, a certificate issued by the State Tax Administration Agency (Agencia Estatal de la Administración Tributaria) or, where appropriate, by the regional authority's competent agency based on the cessation of activity statement declared by the interested party.

 

c) Number of people who live in the home:

i. Family record book or document certifying civil partnership.
ii. Local authority residence registration certificate (certificado de empadronamiento) of the people living in the home referring to the time of the supporting documents' submission and the preceding six months.
iii. Where appropriate, a declaration of disability, dependence or permanent incapacity to perform a work activity.

 

d) Ownership of the property:  

i. Extract issued by the Land Registry's indexing service of all the family unit's members.

 

e) Affidavit of liability by the borrower(s) on fulfilment of the requirements for being deemed to lack sufficient economic resources according to this Royal Decree-Law.

 

Should the person requesting the deferral be unable to submit any of the documents indicated in subparagraphs (a) to (d), including both, they must include in the affidavit of liability mentioned in subparagraph (e) an express justification of the reasons thereof related to the consequences of the COVID-19 crisis that prevent them from submitting said documents. In such case, they shall be obliged to submit any documents they have not submitted within the time limit of one (1) month from the end of the state of alarm or its extensions.

When can a deferral be obtained?

Once the relevant documents have been submitted, the credit institution shall have a time limit of fifteen days to implement the deferral if all the requirements are met.

Applicant's liability

If the borrower has benefitted from the deferral measures without meeting the requirements envisaged in the Royal Decree-Law, they shall be liable for any damages which may have been caused, as well as for any expenses incurred due to the application of these flexibilization measures, without detriment to any other liabilities which may arise from such behaviour. The amount of damages and expenses shall not be less than the benefit unlawfully obtained by the borrower as a result of the Royal Decree-Law's application.


Any borrower who voluntarily or deliberately seeks to place themselves or remain in the circumstances of economic vulnerability in order to achieve these measures' application shall also be liable.

How will I be notified of the request's outcome?

Once the analysis of your case has been completed, we will send you a message notifying you of the resolution. One of the following outcomes may come about:

 

1. If your request for a deferral has been approved, you will receive a notification thereof.

2. If your request for a deferral has been rejected, you will be notified thereof, explaining the reasons why it has been rejected.

Where can the documents required by the Royal Decree-Law be obtained?

Certificate of unemployment:
Website of the State Public Employment Service (Servicio Público de Empleo Estatal - SEPE).

 

Cessation of self-employed workers' activity: 
State Tax Administration Agency (Agencia Estatal de la Administración Tributaria) or the regional authority's competent agency.

 

Local authority residence registration certificate (certificado de empadronamiento):
From the relevant local authority. It can be requested by telephone, over the Internet or by post from many local authorities.

 

Extract issued by the Land Registry's indexing service of all the family unit's members:
You can request it by e-mail from the Land Registry where your main residence is registered or, if necessary, from any of the Registries in the city where you have your main residence. You must necessarily submit a copy of the national ID card of the person concerning whom the information must be issued or, where appropriate, that of all the family unit's members.
http://www.registradores.org/lista-de-correos-electronicos-de-los-registros-de-la-propiedad/

What can I do if I fail to meet the legal requirements laid down by the government to request it?

We also inform you that Unicaja Banco is one of the institutions that has signed a Sectoral Agreement together with other institutions belonging to the Spanish Confederation of Savings Banks. This agreement allows us to place at the disposal of customers who meet the requirements set forth a deferral of loan and/or credit agreements with or without mortgage security (hereinafter referred to as "sectoral deferral"), which is different from the deferral envisaged in the government's legislation and compatible with the latter's application.

 

Even though you meet the requirements laid down by the government, you may also take advantage of the sectoral deferral if you need to extend the payment exemption period of your debt's capital and interest beyond the three months envisaged by the government's legislation.

 

Further information about sectoral deferral

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