Causes for non-admission of complaints

Complaints submitted by consumers shall not be admitted for consideration (Art. 18.1 of Law 7/2017Abre en ventana nueva) in the following cases:

  1. If it has not been previously lodged with the bank, or if the period available to it to reply (1 month in general or 15 days for those cases regarding payment services) has not elapsed.

  2. If it is manifestly unfounded, including cases where essential data are omitted or those in which the grounds for the complaint are not specified.

  3. If its content is offensive.

  4. If it had previously been resolved or considered by the Banco de España, or by a jurisdictional or arbitration body.

  5. If the consumer submits it to the Banco de España more than one year after the necessary prior submission to the bank against which the complaint is being made.

Banco de España shall inform consumers of the grounds for non-admission for consideration of the complaint within twenty-one calendar days of receipt of the letter of complaint. Further, in those cases where rectification is possible (e.g. non-admission of the complaint as it had not previously been submitted to the bank against which the complaint is being made), the consumer shall be expressly informed.

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