The purpose of Royal Decree-Law 1/2017 of January 20, on urgent measures for consumer protection in relation to floor clauses, published on January 21, 2017, is to establish actions to facilitate refunding of amounts paid by consumers to credit institutions pursuant to certain floor clauses contained in loan or credit contracts guaranteed with a real estate mortgage.
Any customers with contracts that contain the floor clauses referred to in the Royal Decree-Law can take advantage of this legislation.
You can contact our Customer Service Center (Floor Clauses Department):
your email address must be verified in our database for us to be able to definitively identify you and to ensure that communications via this channel are secure.
PO Box 1598
We recommend that you send your request online or via email, so that you can get the quickest response.
Your request must include:
Once the claim is received, Customer Service will send an acknowledgement of receipt to the customer for the purpose of calculating term deadlines.
Customer Service will review the customer's request, taking into account the Real Decreto law.
If the request is invalid, Customer Service will relay the reasons for their decision and the claim will be closed.
If the request is valid, Customer Service will calculate the refund amount and issue a statement breaking down this calculation.
The maximum time period allowed for reaching an agreement is 3 months, counted from the date the claim is submitted.
The customer must state whether or not s/he agrees with the calculation.
Once the refund amount is agreed upon, a specific reimbursement method can be determined for the return of the funds. The customer will have a period of 15 days within which to state his/her agreement.
The refunds being agreed upon could generate tax obligations in some cases, and Spain's National Tax Administration Agency (AEAT in Spanish) will have to be notified.
During the time when the claim is being evaluated, the parties may not bring any legal or extrajudicial actions against each other, including any before the Banco de España Claims Service, in relation to the subject of the claim. Once the institution has expressly rejected the customer's request, or if a period of three months has passed without any notification being received from the institution, the customer may adopt any measures considered appropriate. If the request is made before February 21, 2017, the aforementioned term of 3 months will begin on this date.
Law 2/1994, of March 30, on subrogation and modification of mortgage loans.
Order EHA/2899/2011, of October 28 of the Ministry of Economy and Inland Revenue (B.O.E. of October 29), on transparency and banking customer protection services.
Royal Decree-Law 2/2003, of April 25, on economic reform measures.
Law 36/2003, of November 11, on economic reform measures.
Royal Decree-Law 6/2012, of March 9, on urgent measures for protecting mortgage loan holders without resources.
Law 1/2013 of May 14th, on measures to strengthen protection of mortgage borrowers, debt restructuring, and subsidized rentals.