Spanish Banking Ombudsman

We have made a formal complaint to our mortgage lender which has been replied to with an unsatisfactory response, telling us that if we don't like it, to take it up with the Bank of Spain. They also told us there is an ombudsman service, but neglected to give us any further information. Anyone with any ideas on how to progress our complain out there please?

Thanks

Mark

 You need to present first your claim before the Bank´s Client Defender: http://www.bde.es/servicio/reclama/bancos.pdf

if you do not get satisfied with the solution, you can present the claim before the Bank of Spain:

Banco de España
Servicio de reclamaciones
Alcalá, 50 28014 Madrid
Teléfonos 913 385 068 y 913385 851

In both cases you need to enclose personal identification, identification of the branch where the problem has happened, explanation of the issue with related means of proof and the statement of the case not being under judicial affair.

Thanks for that Maria.  I have loads of things I'd like to write to the bank of Spain about. 

Let's start with bank charges.....

Oh dear, I think this could take some time

Justin

If you want we can make a group claim.... always with enough means of evidence, and as said, every claim to the Bank of Spain needs to pass first by each clients´ bank defender.

 We would be up to receive an email by anyone interested and send to them a template for the claim before particular banks ( step one) .

Then prepare the general one to the Bank Spain for those unanswered or unsolved ones ( step two)

Thoughts?

Hi Maria

Thanks for the information. We have already made the formal complaint to the bank, so we are on step 2 now. I have copies of all email correspondence between the bank, our broker and ourselves which has already been presented and rejected by the bank. I will now send the information to the Bank of Spain. Is there any particular department? You also say we should send personal identification and identification of the branch . Is that just the address of the mortgaged property and the address of the bank?

Regards

Mark

Below in green:

Hi Maria

Thanks for the information. We have already made the formal complaint to the bank, so we are on step 2 now. I have copies of all email correspondence between the bank, our broker and ourselves which has already been presented and rejected by the bank. I will now send the information to the Bank of Spain. Is there any particular department? AL DEFENSOR DEL CLIENTE You also say we should send personal identification and identification of the branch . Is that just the address of the mortgaged property, no, it is your personal address or the address of your representative in Spain and the address of the bank?

Regards

Mark

I am trying to make a complaint against La Caixa Bank but can find no details on who to contact. I have tried to resolve this matter with the branch of the bank but without success. Who can I write to and at what address please, this saga has been dragging on for just under 2 years. Everyone I speak to inc a couple of lawyers seem to ignore me and do provide me with any answers.

Look at Maria's post on this thread dated the 1st April, she gives all the details of what you need to do.

Noreen

I have read Marias initial response and it instructs me to first go to the Banks Client Defender, this is who I cannot locate to put forward my case. Under these circumstances I shall have to go straight to Bank of Spain unless Maria can come up with another answer for me.

Have you tried their email on this page?  I had to badger my lender relentlessly asking for details of their formal complaints process.

Mark

Re bank charges,
                               I called into my bank on friday 3rd October 08, to transfer monies from Euros to stirling I was very annoyed to be told by the clerk that a fee of 600 euros would be charged for this service. following my complaint I was told by the clerk he would E-mail head office to see if he could get a reduction, I agreed with this and told them to carry on with the transaction as the money had to be in the UK by Tues to secure the spot deal I had on the transfer, his word were as its before 1400hrs this would be know problem.
                                On checking my on line banking on Monday 6th Oct 08. I noticed the funds had not been taken, my wife then called into the bank to find out what the delay was, to our utter shock was told the bank had not transferred the money as they now want 1200 euros. The clerk could only say "it must be because you complained", he refused to let my wife see the manager for an explanation, when my wife said we would complain to the ombudsman he said there is no such thing in Spain.
                                 What action do you feel we should take 
                                                                                     Yours sincerley

Re bank charges,
                               I called into my bank on friday 3rd October 08, to transfer monies from Euros to stirling I was very annoyed to be told by the clerk that a fee of 600 euros would be charged for this service. following my complaint I was told by the clerk he would E-mail head office to see if he could get a reduction, I agreed with this and told them to carry on with the transaction as the money had to be in the UK by Tues to secure the spot deal I had on the transfer, his word were as its before 1400hrs this would be know problem.
                                On checking my on line banking on Monday 6th Oct 08. I noticed the funds had not been taken, my wife then called into the bank to find out what the delay was, to our utter shock was told the bank had not transferred the money as they now want 1200 euros. The clerk could only say "it must be because you complained", he refused to let my wife see the manager for an explanation, when my wife said we would complain to the ombudsman he said there is no such thing in Spain.
                                 What action do you feel we should take 
                                                                                     Yours sincerley
                                                                                                 Barry Grant

There is a Spanish Banking Ombudsman, they work from The Banco De Espana ,Calle Alcala, 48  28014 Madrid.
You will need to write to them, recorded delivery and they will eventually reply and advise you on what needs to be done

You need to present first your claim before the Bank´s Client Defender: http://www.bde.es/servicio/reclama/bancos.pdf

if you do not get satisfied with the solution, you can present the claim before the Bank of Spain:

Banco de España
Servicio de reclamaciones
Alcalá, 50 28014 Madrid
Teléfonos 913 385 068 y 913385 851

In both cases you need to enclose personal identification, identification of the branch where the problem has happened, explanation of the issue with related means of proof and the statement of the case not being under judicial affair.

This message was last edited by crispycat on 08/05/2009.

I need to make a complaint about the La Caixa bank, but notice their address did not

appear on the BDE list.

would you have it please?

This message was last edited by crispycat on 08/05/2009.

Maria, I have issues with cam bank. They have had our deposit since 2006 and have not issued bank guarantees. money was paid into a designated account supposedly ring fenced.

Cam bank also do not appear on the list you gave as a hyper link.

can i ask are all banks in Spain legally forced to comply with Banking Ombudsman?

If they are and have not can we immediately complain to Bank of Spain?

 

Thanks

The address for La Caixa Bank is Caja de Ahorros y Pensiones de Barcelona. Av Diagonal 621-629. 08028 Barcelona.

I would point out they do pass information onto 3rd parties without your knowledge and then refuse to answer any direct letters you send them. I am still waiting for an honest answer from them, so much so I have referred my complaint to the European Ombudsman who has passed on my complaint to the Spanish office, perhaps I might get a reply.

Alamred: the legal obligation to issue Bank Guarantees is not the Bank´s but the developer. If you have proofs of requesting the Guarantee and not being granted one by developers, you can cancel your contract, due to the unsafe position they are illegaly placing you.

Best weekend,

Maria

Thankyou Maria, but my solicitor says that the developer has no funds and is indicating that if we sued the developer although he feels we would win, and court would find in our favour any "secure of assets" would be pointless as developer has no money in accounts.

The money was paid to Cam Bank into an account name of the developer but our solicitor indicates this was a specfic account supposedly ring fenced.

 

I accept we can cancel contract but how di we get cam bank to give us our money back

 

Thanks

Any thoughts Maria....

 

Thankyou Maria, but my solicitor says that the developer has no funds and is indicating that if we sued the developer although he feels we would win, and court would find in our favour any "secure of assets" would be pointless as developer has no money in accounts.

The money was paid to Cam Bank into an account name of the developer but our solicitor indicates this was a specfic account supposedly ring fenced.

 

I accept we can cancel contract but how do we get cam bank to give us our money back

 

Thanks

No other way than suing developer and executing  Bank accounts or  any other patrimony assets they have got.

You have got no action against the bank for that reason... unfortunately. I think that will have to be included in the next Law Reform on Off-Plan purchases in Spain. An entire Act is needed to that effect: safe off-plan purchases.

Best,

Maria

So if a developer arranges deposits to go into a bank account  - in this case Cam bank. Then borrows the money back to build.

Goes bankrupt and has no money in their accounts, but have borrowed money from bank - in this case Cam Bank and have in turn a large debt to repay secured on clients deposits..

And the bank in question - in this case Cam bank - have not honoured terms of contract in issuing bank gurantee.

Our only recourse is to sue a bankrupt company whio have given a first charge on assets to Cam Bank.

So in effect I pay my lawyer 4500 euros with no chance of getting a penny back.

The Director of the developer has in excess of 8 million euros in a personal bank account (somehow!)

Is this it in a nutshell.

 

Does Spain not have any compensation schemes against defruading the public, why is there a banking Ombudsman when they have no teeth?

Cheesed off and skint

 

 

 

...

Yes, the civil liability for develoeprs not issuing guarantees is just a fine ( of 25% of money they should have guaranteed).

Of course, having delivered Bank Guarantees or not, they need to give money back to you, plus legal interests if they failed to deliver on time.

A revision of law 57/68 is needed in order to regulate the financing system for this products. Or maybe the so called need of regulation of the financial sector....

capitalism...?

Hi

I have an account with Sol Bank. I have done a transfer for € 100 on my computer to someone in Switzerland. The next day I found I was charged € 59.94 to do this transfer. I have a prestige account that I pay € 22.50 every 3 months. I was told when I opened this account I could do transfers for free. At no point was I told because Switzerland is outside the Euro zone I would be charged. There is nothing to tell you this either when you do the transfer online. Had I known I could have sent a cheque. I phoned the bank to complain about this ridiculous charge, but basically they couldn't care less. I emailed head office and have heard nothing back.  I have told them I will go as far as it takes to get this money back. I get ripped off by no one. The last company that I had a problem of being ripped off by, for something I did not do, was a car hire company called Centaura. Their desk is now removed from Malaga Airport :-)

Maybe Maria can let me know legally where I stand on this, and any other advice would be great, before going on the same route that I did with the Centauro problem. If they still refuse to refund this charge, I will see to it that they lose thousands, if not 10's of thousands of Euros and not just my € 59.94.

Westport

Need to go to Sol bank customers services, if not satisfied then, you can go to Bank of Spain claims department.

 

 

This message was last edited by mariadecastro on 15/07/2009.

Hi Maria

Thanks for your help.

Westport

Hi,

I have an issue with Kutxa bank. It's a really long story spanning over a year so I won't go into the detail. To be honest, it's not a huge amount of money in question but I hate being ripped off.

They say that the only way to start a complaint process is to go into the branch in question in person. Their reason for saying this I suspect is that the branch is in Marbella and our property is in Murcia!  Is this true?

In looking through this thread, it seems to be that I can write to the Bank's Client Defender which would be a head office based role presumably. In looking through the register of banks, I can't see Kutxa on it.

Can anybody advise if this can be done in writing or at an alternative branch -- in my case in the Murcia area.

Thanks very much.

 

 

 

 

 

 

BILBAO BIZKAIA KUTXA, AURREZKI KUTXA ETA BAHITETXEA

Servicio de Reclamaciones de Clientes. D. Felix Gil de Salagaray

DOMICILIO: GRAN VIA D.DIEGO LOPEZ DE HARO, 30-32

48009 BILBAO (VIZCAYA)

Thanks very much!