Banking and Costumer Law in Spain: complaints against banks in Spain, How to proceed.

First of all, it is quite common for people without a good knowledge of Spanish to get lost with all the different names given to the banks in Spain: caixa, kutxa, caja, banca, banco etc. The truth is that now days, this picture has been simplified, at least concerning names and types of banks, as right now all the financial entities in Spain must be banks and as such are under the control of the Bank of Spain.


We quite often receive in our office queries and appointment requests from bank customers / users in search of the correct information about their rights and possibilities to complain or claim against a bank for being charged a higher commission than agreed, or for taking too much time to transfer or release money.


In these cases, when the issue with the bank is a serious problem and the amount to be claimed is highly important, our firm can provide advice in this respect and will assists the customer to take the necessary actions.


However in many occasions, the commissions charged are so small that hiring a law firm is not really the adequate thing to do. Not everyone can afford to hire a lawyer to claim against the bank for the improperly charged commission of 18 €.


It is good for our readers to know that they can deal themselves with any small banks complaints, first at their bank branch and when necessary in front of the Bank of Spain but please also keep in mind that when it is a serious problem or the amount is considerably high then we advice to seek the services of an expertise lawyer and of course our firm would be more than pleased to assist you with this issue.


So, first of all the customer should direct the complaint to the attention of the bank’s Customer Service or Ombudsman, who have the obligation to provide the contact form and other details for this service.


If the consumer does not receive a response from the Customer Service Office or the Ombudsman at your branch or if the response received is not satisfactory, then, the costumer can direct the complaint to the Bank of Spain as a user of the bank services.


The consumer can initiated a complaint procedure by personally submitting the complaint in front of any branch of the Bank of Spain either by post or through the virtual office created for this purpose.


Besides providing proof of the consumer’s identification as well as the relevant data from the bank /branch for which the complaint is being filed and explaining the reason for the complaint attaching the documents supporting his arguments, the costumer should also proof as prerequisite that he previously addressed the Customer Service Office or the Ombudsman at his bank branch.


The claim should be resolved by the bank of Spain Complaint Department within 4 months from the presentation date.


The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.


Carlos Baos (Lawyer)

Tel: +34 966 426 185


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