Businesses
Banking disputes for businesses and the self-employed in Barcelona
We review your business's contracts and products with banks and financial institutions —loans, credit facilities, guarantees, derivatives and leasing— and assess with you whether there are grounds to claim, renegotiate or defend proceedings. We also tell you when there are none.
At a glance
- Consumer protection against unfair terms does not automatically apply to a company. For businesses, the routes are usually different: inadequate information on complex products, defective consent, usury, unauthorised charges or breaches by the institution.
- A self-employed person or an individual guarantor may, depending on the case, qualify as a consumer: it depends on the purpose of the contract.
- Before signing refinancing, a contract amendment or a guarantee, it is worth having us review the wording.
Situations in which we can help
Loans and credit facilities
Interest, fees, late-payment interest and acceleration.
Guarantees and personal security
Guarantees from shareholders and directors, their true scope and possible defences.
Complex products
Derivatives, interest-rate swaps and insurance linked to financing.
Accounts, overdrafts and fees
Review of charges, overdrafts and fees not included in the contract.
Leasing, renting, factoring and confirming
Asset and working-capital finance agreements.
Refinancing and negotiation
Agreements with the institution on repayment periods, interest and security.
Defence against the institution
Opposition to debt claims or enforcement of security.
Which route might apply?
This table is indicative: the actual route depends on the contract, the information provided and who signed it.
| Situation | Possible route | What is reviewed |
|---|---|---|
| The business contracted a complex product (swap or derivative) | Claim for inadequate information or defective consent | Pre-contractual documents, appropriateness or suitability tests and the business's profile |
| A loan with interest far above normal market rates | Possible invalidity for usury | APR compared with normal interest for similar transactions |
| Questionable charges, fees or late-payment interest | Contract review and claim to the institution | The agreement, the charges and prior information |
| An individual guarantor acting outside their business activity | Possible consumer protection | The guarantor's relationship with the company and the guarantee's purpose |
| The institution claims the debt or enforces security | Defence and objection, or negotiation | Enforceable title, calculation of the debt and maturity clauses |
How we work
Review of the contract and transactions
We analyse what was signed, what was charged and the information provided.
Feasibility report
We explain possible routes, their scope and cost, and when a claim is inadvisable.
Claim or negotiation
We submit a written claim and negotiate before taking court action.
Court defence
Where necessary, we sue or oppose the institution's claim.
Deadlines and points to bear in mind
- Claim to the institution
- The institution must respond within the period applicable to the service, customer status and current legislation. Payment services have specific rules. If the response is unsatisfactory or the deadline expires, the matter may be referred to the Bank of Spain where it has jurisdiction. Its report is not binding.
- Expiry and limitation
- An action to set aside a contract for mistake or deceit generally has a four-year period from the contract's consummation. Identifying that point requires examination of the product and applicable case law; it does not always mean the last payment. Other actions have different periods and rules.
- If the institution has already claimed
- If a claim or enforcement action is underway, the period for objecting is only a few days from service. This is the first point we check.
- Documents
- Contract, annexes, statements, communications from the institution and, for complex products, the contracting documents.
Frequently asked questions
Can a business challenge unfair terms with its bank?
Unfair-terms legislation mainly protects consumers. A commercial company generally cannot rely on it, but may claim on other grounds: inadequate information or mistake concerning complex products, usury, unauthorised charges or contractual breaches. A self-employed person or guarantor may have consumer protection depending on the case.
Which products are reviewed most often?
Loans with high interest and fees, credit facilities, interest-rate hedging products (swaps), linked insurance, guarantees and refinancing transactions. We first review what was signed and charged.
Is a claim worthwhile for a small amount?
Not always. Before starting, we give you an honest assessment of feasibility, cost and potential recovery, and tell you when it is not worthwhile.
Can I negotiate with the bank without suing?
Yes, and that is usually the first step: a well-documented claim opens negotiations on interest, payment schedules or debt reductions. If there is no response, court action remains available.
What should I do if the bank claims the debt or enforces security?
Gather the contract, debt statement and notices received and contact us immediately: objection deadlines are short, and some defences are lost if not raised in time.
What if I am an individual with a banking problem?
Consumers have specific protection (unfair terms, mortgages, revolving credit cards and fees). Tell us about your case and we will assess the contract.
Guides on Banking Disputes
General information to help you prepare before we assess your case.
General information, not advice. Each case needs individual study. Deadlines and rules may change.
Contact
Tell us about your case.
Briefly tell us what you need. We will review your message and contact you to discuss an initial consultation. The consultation carries a fee, which we will explain in writing before confirming it.