Complaints which the Banco de España is unable to resolve
Not all the complaints received by the Banco de España can be analysed. Some cases cannot even be admitted for consideration. It is essential to be aware of the reasons for inadmissibility in order not to dash expectations or waste valuable time. These are some of the cases in which a complaint might not be admitted:
The complaint raises an issue not related to banking transparency or which can only be resolved through courts of justice. For example:
- analysis of whether contract clauses are abusive (e.g. the possible consideration of interest rates on revolving card contracts as usurious).
- rendering a contract or certain of its clauses null and void.
- application of the effects of court decisions (e.g. the refunding of amounts charged by a bank after the courts have declared that they are null and avoid).
- there are grounds for suspecting that a criminal unlawful event has taken place (e.g. identity theft, robbery or theft at a bank branch).
- the events are or have been under litigation, arbitration or analysis before another administrative and judicial body.
- assessment of any possible damage
The Banco de España is not competent for being apprised of the matter because it relates to investment in securities, insurance or even data protection, in which case it will be taken before the National Securities Market Commission (CNMV), the Directorate General of Insurance and Pension Funds (DGSFP) or the Spanish Data Protection Agency (AEPD).
The minimum documentation required to resolve the issue has not been submitted. In this case you will be required to complete the case file, which could be closed if you fail to do so; should you subsequently provide the documentation required, the case file will be reopened and submissions will be requested from the bank against which the complaint was filed.
The deadlines set by complaints regulations have been exceeded:
- if you are a consumer, more than one year has elapsed since you filed the initial complaint against the bank.
- more than five years have elapsed since the events took place without having filed a complaint against the bank.
If none of the foregoing is applicable, the case will proceed and the Banco de España will issue a report including clear, concise and reasoned conclusions on the bank’s conduct in the case at hand. Bear in mind that a complaint may be comprised of several issues that will be treated separately. For instance, if you ask for a loan associated with your revolving card to be declared null and void and you also request a copy of your contract, we cannot rule for or against the first matter, but can regarding the request for documentation, provided you had previously requested it at your bank office or through the appropriate channel and it had not been provided to you.
If you have a query, call us on 900.545.454 / 913.388.830 (Monday to Friday, from 8.30 to 17.00) or write to us.