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In 1995, for the purchase of my first home, I entered into a mortgage loan with my thirty-year-old credit institute, prior to the entry into force of Law 108/1996, which deals with supervening usury.

The mortgage agreement, while before the law presented legitimate interest rates, subsequently he tried them out.

Therefore, I would like to ask the bank for the repayment of interests illegitimately paid in as many as 22 years: a non-negligible sum.

Can this request be considered admissible and therefore the recognition of the usury occurring?

Unfortunately, he chose the least suitable moment for filing a proceeding to a credit institution regarding loans and supervening wear.

In fact, the Court of Cassation with united sections, with the ruling 24675/2017, overturning the jurisprudential orientations of the last years, has denied the configurability of the use occurred since the thesis of the unlawfulness of the claim for the payment of interest has no basis whatsoever at a rate that, although not higher, on the date of the agreement (with the contract or subsequent agreements), at the threshold of the use defined by the procedure established by law 108/1996, however, exceeds this threshold at the time of accrual or payment of the interests themselves.

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