Banking lawyers in Spain: claims against your bank
The bank charged you what it should not have, sold you a product nobody explained, is repossessing your home or has replied that your claim is time barred. Our banking lawyers review the deed and the contract, work out how much money is actually at stake before anything moves, and start with the bank's customer service department, which is the compulsory first step, so that the later court claim rests on a complete file.
What we handle
Your mortgage is linked to the IRPH index
Claim to void the clause for lack of transparency: the bank must prove it explained the index's past behaviour and the negative spread that was recommended (Court of Justice of the European Union judgment of 12 December 2024, case C-300/23).
Your revolving credit card never goes down
A twofold attack: usury where the APR departs from the average rate published by the Banco de España (the Bank of Spain), and lack of transparency in how the balance amortises even where it does not. Usury nullity is absolute and never time barred.
You are told your mortgage cost claim is time barred
We fight that defence: time does not run while the consumer is unaware the clause is unfair, and the existence of earlier case law does not prove they knew (CJEU judgment of 25 January 2024, cases C-810/21 to C-813/21).
Repossession proceedings have been opened against you
Opposition within ten days of service on the ground of an unfair term or unlawful acceleration, which suspends the enforcement. Once that window closes the property goes to auction anyway (arts. 693.2 and 695 of the Civil Procedure Act).
A complex product was sold to you as if it were a deposit
Annulment for mistaken consent, which lapses four years after the contract is performed, or damages for negligent advice. It is for the bank to prove the suitability test was carried out, not for you.
Your account was emptied in a phishing attack
The bank must refund unless it proves gross negligence on your part or correct authentication, and that burden is the bank's. It must be reported without delay and the refund requested by the next working day at the latest (arts. 44 to 46 of Royal Decree Law 19/2018 on payment services).
The Bank of Spain agreed with you and the bank still refuses
The supervisor's report does not bind the bank, so the claim has to go to the civil courts using that report as evidence, and before the action becomes time barred.
How we work on it
We start by reading the contract or the deed and putting a figure on what can be recovered, because some matters are not worth running and we say so before you spend anything. Next comes the complaint to the bank's own customer service department, which is a precondition and sets the clock: fifteen working days to reply on payment service matters and one month on everything else where you are a consumer. If there is no reply, or a bad one, the next step is the Banco de España, the CNMV (the Spanish securities regulator) or the Dirección General de Seguros (the insurance supervisor), whose reports do not bind the bank but carry real evidential weight. And when there is serious money at stake, the claim goes to court, which is the only forum that enforces.
Your matter is quoted after the consultation, because every case is different. The consultation fee is credited in full against the engagement if you go ahead.
Frequently asked questions
Do I have to complain to the bank first?
Yes, to the bank's own customer service department. It is the required first step and it also fixes the date from which everything else is counted. We draft it with the later court claim already in mind, so that nothing you say can be used against you afterwards.
The Bank of Spain sided with me but the bank will not pay. Was it pointless?
The report is not enforceable and the bank can ignore it. But it is first rate evidence in the civil claim, which is where money is actually recovered, and with that report on the table many banks settle before trial.
I signed my mortgage fifteen years ago. Is it too late?
The action to declare an unfair term void is never time barred. What does have a deadline is the refund, and there the Court of Justice of the European Union has held that time does not run while you were unaware the clause was unfair. It is the defence the bank raises almost every time, and it can be beaten.
How are banking matters charged?
Never from a price list, because the amount at stake differs in every claim. In the initial consultation, 100 euros for thirty minutes or 200 euros for one hour, we review the paperwork and give you a fixed quote. That consultation is credited in full if you instruct us.
Law firm guides on this area
The dispute explained: what action lies, what deadline is running and what has to be proved.
- Your mortgage is tied to the IRPH: the claim to void the clause
- Your revolving card never goes down: usury and transparency
- They say it has lapsed: the real time limit on mortgage costs
- Your mortgage is being enforced: opposing on an unfair term
- They sold you a complex product as if it were a deposit
- Your account was emptied by phishing: the bank must refund it
- The Banco de España agreed with you and the bank does not pay