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ACTIVE OPERATIONS

 

An active operation is the term given for all those activities that involve obtaining financial income for the credit entity, or, what amounts to the same, the obligation for the user to pay interest. The most common are :

Current Account credit: here the Bank allows the client credit for a certain period of time and up to a determined amount, obliging the client to pay a commission and to repay the amounts desired within the stipulated time limit. That is to say, the client may have the amount he desires, up to the agreed limit, and within the time limit. Logically, his obligation is to pay back the capital and pertinent interests, as well as costs and commissions originating from the operation, among which we may find :

 

Comisión EuropeaEscuela Europea de ConsumidoresGobierno de CantabriaMAG (Estudios de Consumo) S.L.IFAVConsomation et Logement Cadre de VieAssociation d'avocats

 


An active operation is the term given for all those activities that involve obtaining financial income for the credit entity, or, what amounts to the same, the obligation for the user to pay interest.


 

 

- Opening commission
- Study commission
- Availability commission (for sums not otherwise available)
- Excess commission (for excess funds beyond the agreed   limit)
- Debt interests
- Excess interests

 

Loan: this consists in the Bank firstly handing over a sum of money to the user, which the user will have to pay back together with all accruing interest in the time stipulated. In a loan the user receives the entire agreed amount from the very beginning, obliging him to return this and all interests on certain dates established beforehand. Logically, the client must also pay costs generated by the operation

Loans are generally formulated in a policy regulated by the Commercial Broker, although when there is a mortgage guarantee they are instrumented by public document authorised by Notary. They can also be documented by financing effects

Depending on the type of interest applicable, we can see differences in the following :

Fixed interest loans

- In these the interest rate does not vary and stays the same  during the life   of the operation, in such a way that the amount   to be paid does not vary   during the whole of the loan

 

Variable interest loan

- In these the interest rate varies, either rising or dropping, in   function of   some index reference to which a differential or   margin is added

- The index reference most common is the MIBOR (Madrid   Interbank   Offered Rate), announced by the Bank Of Spain
- Revision of the rate works in the following way: the loan   contract sets out   the index reference (for example MIBOR),   differential (for example+ 0.75)   and the revision date (for   example 1 June).
- Each year, on the stipulated date (1 June), the Bank will apply   the interest   rate resulting from adding the index reference   (MIBOR =4) to the agreed   differential (0.75). The resulting   4.75 will be the interest rate applied until   the following   revision.
- As its name suggests, in this class of loans the interest rate   varies in   each period of revision, a variation that can be rise   or   fall. For this reason   it is important to take this possibility   into account when we decide on one   type of loan or another

 

There are diverse forms of payment of loans, although in this country the most common form is known as the French System, in which instalments are constant, increasing the payment of capital and decreasing the payment of interest in proportion. That is to say the same amount is paid during the period calculated but not for the same concept. At the start, most of what is paid corresponds to interests, leaving a small part corresponding to reduction of payment of the capital. Progressively the part corresponding to repayment of the capital increases, reducing the amount payable for interests, but keeping the same instalment amount payable during the whole period. The formula for this calculation is :

 

 

Where: R is the instalment constant; C is the capital borrowed, Ik is the interest rate for the expressed period to the power of one; k is the number of annual periods; and t is the time expressed in the number of periods

The most usual costs in loan operations are :

- Opening commission
- Study commission
- Valuation of goods (in case of mortgage guarantee)
- Bonuses for repayment insurance
- Intervention and Formalisation Costs (Commercial broker or   Notary)
- Management and administrative costs (Accounts Manager)
- Tax
- Registration costs
- Interests
- Commission for modification in the interest rate index
- Commission for advance repayment
- Commission for advance cancellation
- Commission for substitution
- Mortgage cancellation costs

 

Current Account Overdraft: this occurs when the user produces a bank balance in favour of the banking entity, due to having spent more than the available funds. This is in street terms known as "being in the red". There are two types of overdraft: the first occurs accidentally, using more funds in a particular moment than were available, causing the bank to spend when there were no funds in the account. In this case the user is bound to immediate repayment of the overdraft. In second place, there are overdrafts that derive from a previously expressed agreement between the user and the Bank, covering determined amounts and time. In both cases the overdraft usually generates costs consisting of :

- Overdraft interests
- Overdraft commission
- Commission for reclamation of positions of debt

We must point out that the use of overdraft in an account as a means of financing turns out to be excessively expensive when compared with the other options, since the credit entities indicate conditions which are clearly excessive with the aim to avoid such situation from occurring, and that it is wrong to believe that the costs are minimal, when the amount in question and time overdrawn are small. In reality, the cost is far greater than the rest of financing formulas

Credit and Debit Cards: Finance cards are not, strictly speaking, active operations but more means of payment, that is to say, ways in which a person may obtain cash or spend certain amounts

Depending on the issuing entity, we can distinguish between :

- Bank cards: issued by a credit entity, which permits diverse   uses.
- Finance cards: issued by a non-banking entity, which has   agreements   with commercial establishments for its use as   means of payment.
- Commercial cards: issued by a commercial entity. Its holder   may   purchase goods or services sold in the issuers   establishments

 

Depending on the form of payment for goods and services, we can distinguish between :

- Delayed payment or purchase cards: where transactions are   placed on   account and repaid periodically, generally on a   monthly basis.
- Debit cards: the amount spent is charged immediately to the   bank   account of the card holder, who can use up to the   amount of funds   existing in the account. It is a means of   accessing existing amounts in a   bank account.
- Credit cards: transactions are charged to a credit account   open in the   name of the card holder, up to the limit   previously   established, liable to   an interest payment   normally charged   monthly. This is, in other words,   credit   made possible through   a card.

The most common forms of fraudulent use of cards are :

- Alterations in the card: this consists in modification of the   identification   number (PIN) of the card to impose that of a   normal client which is   obtained through persons with access   to   numbers stamped on bills.
- Third party use without alterations of the card: this is the most   common   situation through forgery of the holder's signature.
- Cash point fraud: this occurs when a third party gains access   to the card   and PIN