Spanish Banking Ombudsman

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11 May 2009 10:20 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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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



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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11 May 2009 10:55 AM by alamred Star rating. 242 posts Send private message

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

 

 

 





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11 May 2009 1:03 PM by alamred Star rating. 242 posts Send private message

12 May 2009 11:05 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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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...?



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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14 Jul 2009 10:43 PM by westport Star rating in London & Co.Mayo Ire.... 509 posts Send private message

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





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15 Jul 2009 7:08 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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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.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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15 Jul 2009 10:09 AM by westport Star rating in London & Co.Mayo Ire.... 509 posts Send private message

Hi Maria

Thanks for your help.

Westport





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13 Aug 2009 12:15 PM by kinsale1 Star rating. 8 posts Send private message

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.

 

 

 

 

 

 





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13 Aug 2009 1:46 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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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)



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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13 Aug 2009 2:58 PM by kinsale1 Star rating. 8 posts Send private message

Thanks very much!





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25 Oct 2010 8:59 PM by SJN1965 Star rating. 1 posts Send private message

Hi

I've had an on going problem with the Caja Murcia bank, firstly they wouldnt confirm my balance then refused to transfer my money back to my uk bank which they have previously done. Finally I had to travel to spain for one day to do the transfer in person.

I question the bank manager who said it was policy, I asked for the address to complain and was told "no complain" i was eventually given a telephone number to phone, I asked to use the bank phone but was told to go in the street!!.

I cant fing the address for the customer service, can anybody help please? the whole day cost me £300+ plus a days holiday.

Many thanks

Steve





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26 Oct 2010 12:17 AM by KevinW4 Star rating in London/Mojacar Playa. 25 posts Send private message

 A request for advice from Maria

We have Savings and Current Accounts with Solbank. We had an email from our Mojacar branch stating that someone had cloned my wifes card. Now she has never used it, but OK, they cancelled her card and reissued it. Apparently 2 amounts of about 19 euros each had been fraudulently made, but Solbank immediately repaid those.

Very impressed with the apparent security, we were here in May and thanked our chap. He then said that another payment had been made via internet for over 700 euros but that was in excess of  Solbanks 600 euro limit. We would need to report this to English police before they could compensate us. We argued that this was irrational, the fraud was perpetrated in Italy, when we could prove we were in England, and that ServiRed and/or the Bank must have faulty systems whereby a transaction could be paid simply on a scrawled signature which bore no resemblance to either of our scanned signatures.

OK, we got a UK Crime Number, then were told that it couldn't be progressed as they needed a Denuncia. We have now don this, which we could have done in May, but are still awaiting repayment.

We are most annoyed that a payment was made without adequate checks made to confirm it was genuine. Neither Solbank nor ServiRed seem concerned, but whenever I try to access my own accounts I have to not only follow the Bank's security protocols, but also a specific code relating to  a code for the day......... so how can all this "security" be cut through by fraudsters?? It's easier for them to get my money than for the actual account holder!!!

So, who do I complain to about the incorrect advice when a Denuncia could have been done months ago, and how to ensure that our accounts are better protected against frauds? Complaining about it in the branch is simply met with "This is Spain" which isn't confidence inspiring.....

i'd appreciate any assistance to cut through the bureaucracy and ensure that sensible security checks are implemented as soon as possible.

Muy gracias

 





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26 Oct 2010 10:38 PM by ads Star rating. 4122 posts Send private message

How can a card be cloned when it's never been used?

 





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26 Oct 2010 11:57 PM by KevinW4 Star rating in London/Mojacar Playa. 25 posts Send private message

That was our first question!!

It seems that "somehow" "someone" accessed our current account and apparently Solbank recognised that these small transactions were "frauds" and therefore contacted us to make us aware.

Our suspicion is that the fraud is somewhere in Solbank or ServiRed and these small amounts simply show that the account is "live" and they know that the transaction amount if it is above the banks own compensation level leaves the customer to fight it out with Solbank, who shrug and say its ServiRed, and the card company. 

We still are unimpressed with the "concern" and customer service support to address these glaring problems. When it's more difficult for the true account holder to access their funds than criminals, there is something seriously wrong!!

Thats why we want to complain, to try and force security improvements to prevent others being attacked in the same way.





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27 Oct 2010 1:09 AM by ads Star rating. 4122 posts Send private message

 Hopefully Maria can advise as there must be many folk at risk with Solbank accounts, given the situation you describe.

Do you incur extra charges if the balance drops below the 600 euro limit? If not, I'd be tempted to ensure that your balance remains below the 600 euro level until such time as they provide better reassurances. They will soon take note if everyone felt the need to limit their balances to lower amounts!! In the interim you could put any excess monies into a renewable  ten day deposit account so that you can transfer monies at short notice into the current account when required.

Hope it gets sorted.





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28 Oct 2010 10:27 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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You need to go to the same Bank or Financial Institution´s client service ad then to Bank of Spain´s client service.

Details of Solbank clients ombudsman:

Defensor del Cliente y del Partícipe

Sr. Esteban María Faus Mompart

Plaza Sant Roc nº 21, 3º1ª

08.201 Sabadell

Correo electrónico: Defensor@bancsabadell.com



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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28 Oct 2010 7:34 PM by KevinW4 Star rating in London/Mojacar Playa. 25 posts Send private message

 Muy gracias, Maria and I will contact the Defensor if this issue is not resolved.

I am promised a call tomorrow to advise where this repayment is. Not yet in my account, despite having jumped through all the hoops required and taking out a Denuncia as required, on Oct 5th...

Thanks again, Kevin





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28 Oct 2010 7:34 PM by KevinW4 Star rating in London/Mojacar Playa. 25 posts Send private message

 Muy gracias, Maria and I will contact the Defensor if this issue is not resolved.

I am promised a call tomorrow to advise where this repayment is. Not yet in my account, despite having jumped through all the hoops required and taking out a Denuncia as required, on Oct 5th...

Thanks again, Kevin





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