CLAIM FOR REVOLVING CREDIT CARDS
Article drafted on 12 November 2025 by practising lawyer No. 8254 ICAMALAGA, Mr Jesús Picossi Ávila
In our professional firm
At our professional firm, we can assist you in claim for revolving credit cards, you may have taken out, obtaining the cancellation of the loan agreement signed, as well as the reimbursement of all amounts you have paid exceeding the principal borrowed (which may amount to several thousand euros).
As a result, such credit would remain free from interest and fees. Below, we explain this matter in detail.
What are revolving credit cards?
Revolving credit cards constitute a form of consumer credit, characterised by the absence of formalities, speed in execution, and flexibility in the availability of funds. Their operation consists of accessing credit through cash withdrawals or purchases made with bank cards, generally up to a specific monetary limit, while paying a usually high and exorbitant interest rate, as well as, where applicable, certain commissions or costs inherent to the operation.
Revolving credit is not only granted through credit cards but can also be provided through other means of access, such as online credit drawdowns or telephone requests. These credits, even when not operated through a bank card, can also be subject to claims.
Revolving bank cards were generally marketed by financial and banking institutions (for credit withdrawals and purchases), as well as by large retail companies (mainly for purchases).
How do revolving credit cards work?
Revolving credit cards are typically used by customers to obtain credit or make purchases to be repaid over an indefinite period. This credit accrues interest which is usually quite high, often exceeding 20%, representing a completely disproportionate and abusive cost for the credit granted.
Repayment by the customer—of both principal and interest, fees, and loan expenses—is generally made through the payment of a small monthly amount, usually a fixed sum or a low percentage (for example, 3%) of the principal drawn, sometimes even limiting the maximum capital to be amortised.
This often results in what is commonly known as the snowball effect of revolving credit — that is, with each use of the credit facility, a large amount of interest accrues, which is paid month by month while the principal of the loan is repaid only very slowly.
This leads to situations in which repayment of the borrowed credit becomes virtually endless, due to its high costs and the occurrence of compound interest (anatocism) — meaning that the interest generated by the operation is capitalised and, together with the outstanding principal, generates further interest.
When is a revolving credit card considered usurious?
The Supreme Court Judgment No. 258/2023, dated 15 February 2023, has clarified when a revolving credit card should be deemed usurious.
In summary, it declares that when the agreed APR exceeds the average market rate for revolving credit cards by six percentage points at the time of signing the contract, we may consider that the first condition for classifying the revolving credit as usurious is met — namely, “an interest rate significantly higher than the normal rate of money.”
Furthermore, we must not forget that Article 1 of the Act of 23 July 1908 on the Nullity of Usurious Loan Contracts requires that the interest also be “manifestly disproportionate to the circumstances of the case or on such terms that it is deemed extortionate.”
What is the time limit for claiming the nullity of revolving credit cards?
The judicial action for declaring the nullity of revolving credit cards on grounds of usury is not subject to any limitation period. There is no deadline for exercising this legal right. This means that such nullity can always be claimed, even if the credit was fully repaid long ago.
However, the Supreme Court, in its Judgment No. 350/2025 of 5 March, has declared that the amounts which may be reclaimed are subject to the general limitation period for actions set out in Article 1964.2 of the Civil Code.
This, one may claim reimbursement of overpaid amounts due to the declaration of usury up to five years prior to the filing of the corresponding claim. It should also be noted that a further 82 days may need to be discounted due to the suspension of deadlines during the COVID-19 health crisis.
In the case of nullity based on the abusiveness of the interest clause in the granted credit, the time limit for claiming is likewise not subject to prescription.
What are the consequences of declaring the revolving credit null and void?
In cases of usury, the result would be the cancellation of the credit agreement, whereby the client would only have to return to the financial institution the principal amount drawn. This amount is usually offset against what the entity must repay to the client—normally all amounts paid in interest, fees, insurance, etc., exceeding the principal borrowed.
In most cases, the financial institution must repay thousands of euros to the client, depending on the credit withdrawals made and the expenses paid in connection with such credit.
In the event of nullity due to the abusiveness of the interest clause, the financial entity must refund to the client all amounts paid in respect of interest.
What documentation is required to claim the nullity of a revolving credit card?
The documentation required to claim the reimbursement of amounts derived from the nullity of a revolving credit card includes the application and the revolving credit agreement signed with the financial institution, as well as the statements of such credit, if available.
If the client does not have this documentation, it can be requested from the financial entity, which is legally obliged to provide it.
How to claim the nullity of the revolving credit card?
At our professional firm, we will study the viability of your case free of charge and without obligation. If the claim is deemed feasible, and once authorised by the client, we will request the necessary documentation to initiate the claim at no cost to the client, charging only when the client receives payment.