Banking law for consumers

Not always. That is why we first study your contract and explain the real prospects and costs before starting anything. Before accepting a matter we check for conflicts of interest with other clients, and we will ask you for the name of the bank and of any other parties involved.

It depends on the type of claim and on case law that has evolved. We analyse it with your documents.

The contract or deed, the binding offer or information sheet (FEIN) if you kept it, the amortisation schedule, statements showing the interest, fees and expenses paid, and your correspondence with the bank. If something is missing, it can be requested from the bank. With that we can assess whether any clauses merit review and what kind of claim would make sense.

The Usury Act of 1908 declares void any loan with interest significantly higher than the normal rate for money and manifestly disproportionate to the circumstances of the case, or on terms that are one-sided to the point of being oppressive. Courts usually compare the contract's APR with the average market rate for that type of credit. If the contract is declared void, the customer only returns the capital actually received, and the bank must refund anything paid above it, with the applicable statutory interest. We review your contract.

First complain to the customer service department. The deadline depends on the service and applicable law; payment services have specific rules. If the answer is unsatisfactory or the deadline expires, we can assess a complaint to the competent supervisor or court proceedings. Before suing, the prior-negotiation requirement must be checked, including any specific prior complaint for unfair mortgage terms (Organic Law 1/2025 and art. 439 bis of the Civil Procedure Act).

It may be settled by agreement relatively quickly or, if it must go to court, take longer and be open to appeal. It depends on the complexity, the court and whether the bank is willing to negotiate. Before starting, we realistically assess with you which routes exist and how they unfold, without promising results or timeframes we do not control.

In many cases yes: closing the product does not mean losing the right to claim amounts charged in excess. What matters is the type of action and its time limits, which differ (void clauses, usury, claims for expenses or interest). Over time, evidence can become harder to obtain, so gather the contract and statements and seek advice.

It depends on the matter: the product, the documents available and whether an out-of-court claim is enough or the case must go to court. We provide a written quote before starting. If a trial is lost, costs may be awarded against you (art. 394 of the Civil Procedure Act, LEC), with special rules in consumer disputes and after attempting an out-of-court method. We weigh this with you before you decide. How the first consultation works is explained when you request it.