COMPLAINT FORM TO THE BANK OF SPAIN

Complaints Service of the Bank of Spain

If your bank’s customer advocate does not rule in your favor or does not resolve your complaint within two months, you can contact the Bank of Spain’s Complaints Service.

If the Bank of Spain’s report is favorable to you, the bank will likely reverse its initial position (although it is not obligated to do so). And if it doesn’t, you will have a favorable ruling that will be compelling evidence if you ultimately decide to sue the bank in court.

Procedure

For the Bank of Spain’s Complaints Service to process your complaint, you must first have submitted a written complaint to the customer service department or ombudsman of your bank. You must also provide proof that two months have passed since you submitted your complaint without it being resolved (or that it was rejected). Therefore, it is important to request an acknowledgment of receipt of your complaint from the customer service department.

After receiving the complaint, the Complaints Service opens a file and ultimately prepares the corresponding report. If this report is unfavorable to the financial institution, the institution must inform the complainant, within one month, whether it has voluntarily rectified the situation.

However, if the Bank of Spain’s Complaints Service rejects your claim, your only recourse will be to go to court. In this case—and this is a problem that affects many people—one option is to file a claim through a consumer association, as these file what is known as a “class action” (like those filed against the “floor clauses” in some mortgages).

Filing the claim

A complaint to the Bank of Spain can be filed in two ways:

• Electronically. To do so, access the Bank of Spain’s Virtual Office through the following website: https://sedeelectronica.bde.es.
• In writing. The complaint form can also be submitted in writing to the General Registry of the Bank of Spain or its branches, or sent by mail to the Bank of Spain.