Useful information on customer protection

 

Within its organisation there is a Customer Service Department, which has the following functions:

  • To handle and resolve any claims or complaints filed, directly or through representation, by natural or legal persons, Spanish or foreign, bank users, when they refer to legally recognised interests and rights related to transactions, contracts or financial services provided by the bank, whether by what is established in the contracts, regulations on customer transparency and protection, or financial best practices, particularly the principle of equality.
  • Forward to the bank's management any recommendations and suggestions on any aspects which, in your opinion, would contribute to strengthening positive relationships of mutual trust that should exist between the institution and its customers.

According to Order ECO/734/2004 of 11 March, the Customer Service Department is obliged to resolve the complaints and claims filed by its customers against it and the companies which belong to its group within two months at most of being filed to the Department. This time limit may be shorter where so provided by the specific legislation which applies.  In addition, Royal Decree-Law 19/2018 of 23 November on payment services and other urgent measures on financial matters sets forth that any claims filed by payment services users concerning the rights and obligations arising from Titles II and III of this Royal Decree shall be resolved within fifteen business days (one month in exceptional circumstances) as from the date the claim is received.

 

The address for the Customer Service Department is as follows:

 

Head of the Customer Service Department:
Mr. José Francisco Domínguez Franco
 

UNICAJA

Customer Service Department

Avda. de Andalucía 10-12

29007 Malaga.
 

E-mail address: atencion.al.cliente@unicaja.es

 

If you experience any difficulty with our services, we ask that you report it to us. We need to know about your complaints in order to serve you better. You can contact the Customer Service Department using the following channels:

  • By submitting a signed document at our branches or using the form designed for such purpose, which you can find at the bank's branches or at the following link.

  • Through a signed letter addressed to:

    UNICAJA
    Customer Service Department
    Avenida de Andalucía 10-12
    29007 Malaga

  • Online: If you are a Digital Banking service user, by filling in the data requested in the following form: Claims and Complaints Form
    If you are not a Digital Banking service user, you can send an e-mail to:  atencion.al.cliente@unicaja.es. In this case, you must have an e-signature that meets the requirements laid down by Act 6/2020 of 11 November so we can identify you properly.

Unicaja's Customer Service Department is governed by the customer protection legislation listed below and by the "Customer Protection Regulation of Unicaja Banco, S.A. and the Group Companies Belonging to It", which was approved by Unicaja Banco's Board of Directors. You can consult the Regulation at the following link: Customer Protection Guidelines.

 

The group companies adhered to these Guidelines are those listed below:

  • UNICAJA MEDIACIÓN, S.L. (Banking - linked insurance operator)
  • UNICORP PATRIMONIO, S.V., S.A.
  • UNICAJA ASSET MANAGEMENT S.G.I.I.C., S.A.
  • UNIÓN DEL DUERO, COMPAÑÍA DE SEGUROS DE VIDA, S.A
  • UNICAJA PENSIONES, S.G.F.P., S.A.U.

Law 44/2002, of 22 November, on Measures to Reform the Financial System, after its amendment through Law 2/2011, of 5 March, on a Sustainable Economy, attributes to the complaints services of the Bank of Spain, the National Securities Market Commission and the General Directorate of Insurance and Pensions, the power to provide a final response to user complaints and claims of the users of financial services in their respective fields.

 

The complainant may contact the Complaints Services of the financial supervisors if they disagree with the response from the Customer Service Department, or if they have not received it within the following timeframes:

  • After two months have elapsed if not a consumer.
  • After one month has elapsed if a consumer.
  • After fifteen working days have elapsed if the claim concerns any payment service.

The postal and email addresses of the Complaints Services are as follows:

  • Bank of Spain Entities Conduct Department
    C/ Alcalá, nº 48
    28014 MADRID

    Telephone no.: 900 54 54 54 - 91 338 8830
    Website address: www.bde.es

    Bank of Spain Complaint Form

  • Complaints Service of the National Securities Market Commission
    C/ Edison, 4
    28006 MADRID

    Paseo de Gracia, 19, 4ª Planta
    08007 BARCELONA

    Telephone no.: 900 535 015
    Web address:  www.cnmv.es

    Claims Form of the CNMV
  • Claims Service of the General Directorate of Insurance and Pensions
    Calle Miguel Ángel, 21
    28010 MADRID

    Telephone: 952 24 99 82
    Website address:  www.dgsfp.mineco.es

Major state-level regulations on operational transparency and customer protection.

 

Bank Services:

  • Law 2/1994, of 30 March. Subrogation and Amendment of Mortgage Loans.
  • Law 44/2002, of 22 November, on Measures to Reform the Financial System.
  • Royal Legislative Decree 1/2002, of 29 November, approving the revised text of the Law Regulating Pension Plans and Funds.
  • Order ECO/734/2004, of 11 March, on customer services and departments and the customer ombudsman of financial institutions.
  • Act 20/2015 of 14 July on the regulation, supervision and solvency of insurance and reinsurance companies.
  • Act 22/2007 of 11 July on remote marketing of financial services aimed at consumers.
  • Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law on Consumer and User Protection and other supplementing laws.
  • Law 41/2007, of 7 December, amending Law 2/1981, of 25 March on the Regulation of the Mortgage Market and other mortgage and financial system regulations, on the regulation of reverse mortgages and dependency insurance, and establishing certain tax regulations.
  • Law 2/2009, of 31 March, regulating the contracting with consumers of mortgage loans or mortgage-backed facilities and brokering services for loan or credit facility agreements.
  • Royal Decree-Law 19/2018 of 23 November on payment services and other urgent measures on financial matters.
  • Royal Decree 736/2019 of 20 December on the legal framework for payment services and payment entities, amending Royal Decree 778/2012 of 4 May on the legal framework for electronic money institutions and Royal Decree 84/2015 of 13 February implementing Act 10/2014 of 26 June on the regulation, supervision and solvency of credit institutions.
  • Order ECE/1263/2019 of 26 December on transparency concerning the conditions and information requirements which apply to payment services and amending Order ECO/734/2004 of 11 March on customer service departments and customer ombudsmen of financial institutions and Order EHA/2899/2011 of 28 October on transparency and protection of banking service customers.
  • Order EHA/1718/2010, of 11 June, on the regulation and control of the advertising of banking services and products.
  • Circular 4/2020 of 26 June of the Bank of Spain on advertising of banking products and services.
  • Law 2/2011, of 4 March, on a Sustainable Economy.
  • Law 16/2011, of 24 June, on consumer credit agreements.
  • Order EHA/2899/2011 of 28 October, on banking service transparency and customer protection.
  • Royal Decree-Law 6/2012, of 9 March, on urgent measures to protect mortgage debtors with no resources.
  • Circular 5/2012, of 27 June, of the Bank of Spain, to credit institutions and payment entities, on banking service transparency and responsibility in granting loans.
  • Order ECC/2502/2012, of 16 November, regulating the procedure for presenting complaints to the complaints services of the Bank of Spain, the National Securities Market Commission and the General Directorate of Insurance and Pensions.
  • Royal Decree-Law 6/2013, of 22 March, on the protection of holders of certain savings and investment products and other financial measures.
  • Law 1/2013, of 14 May, on measures to strengthen the protection of mortgage debtors, debt restructuring and social renting.
  • Law 10/2014, of 26 June, on the regulation, supervision and solvency of credit institutions.
  • Royal Decree-Law 1/2015, of 27 February, on the second chance mechanism, reducing financial burden and other social measures.
  • Order ECC/2316/2015, of 4 November, relating to the obligations of information and classification of financial products. (Official State Gazette (BOE) from 5 November).
  • Act 7/2017, of 2nd November, that enacts Directive 2013/11/EU of the European Parliament and of the Council, of 21st May 2013, regarding alternative resolution of litigation in matters of consumption, in Spanish law.
  • Order ECE/228/2019, of 28th February, on basic payments accounts, procedure to transfer payment accounts and requisites of comparison web sites.
  • Royal Decree 164/2019 of 22 March establishing a free basic payment account scheme to benefit people in a situation of vulnerability or at risk of financial exclusion.
  • Act 5/2019, of 15th March, that regulates real estate credit contracts.
  • Order ETD/699/2020 of 24 July on the regulation of revolving credit and amending Order ECO/697/2004 of 11 March on the Central Risk Information Centre, Order EHA/1718/2010 of 11 June on the regulation and control of banking service and product advertising, and Order EHA/2899/2011 of 28 October on transparency and protection of banking service customers.
  • Act 4/2022 of 25 February on protection of consumers and users against situations of social and economic vulnerability.

Investment services:

  • Royal Decree 813/2023, of November 8, on the legal regime of investment services companies and other entities that provide investment services.
  • Royal Decree 814/2023, of November 8, on financial instruments, admission to trading, registration of negotiable securities, and market infrastructures.
  • Act 6/2023 of 17 March on the Securities Markets and Investment Services.
  • Circular 3/1993, of 29 December, of the National Securities Market Commission, on the recording of operations and filing of order justifications.
  • Circular 7/2011, of 12 December, of the National Securities Market Commission, on the informative rates booklet and standard-form agreement content.
  • Order EHA/1717/2010, of 11 June, on the regulation and control of the advertising of banking services and products.
  • Additional provision seven of Royal Legislative Decree 1/2010, of 2 July, approving the revised text of the Capital Company Act.
  • Circular 3/2013, of 12 June, of the National Securities Market Commission, on the implementation of certain obligations for information to customers to whom investment services are provided, with regard to the assessment of the appropriateness and suitability of financial instruments.
  • Circular 1/2014, of 26 February, of the National Securities Market Commission, on the internal organisation requirements and the control functions of the entities providing investment services.
  • Circular 7/2013, of 25 September, of the National Securities Market Commission, regulating the procedure for resolving claims and complaints against companies providing investment services and attending to queries in the field of the securities market.
  • Circular 2/2005, of 23 June, of the National Securities Market Commission, amending Circular 3/1999, of 22 September, on the transparency of operations in the official securities markets.
  • Circular 3/2015, of 23 June, of the National Securities Market Commission, on technical and legal specifications, and information that must be included on the websites of listed public limited companies and savings banks that issue securities listed for trading in official secondary securities markets.
  • Circular 3/2016, of 20 April, of the National Securities Market Commission, amending Circular 7/2011, of 12 December, on the informative rates brochure and standard-form agreement content.
  • Circular 2/2020 of 28 October issued by the National Securities Market Commission on advertising investment products and services.

References to regional references:

  • Decree 82/2022 of 17 May governing complaints and claims forms filed by consumers and users in the Madrid Regional Authority.

According to the provisions set forth in Article 3 of the Decree, in the case of remote or electronic sales or provision of services, any interested parties residing in Andalusia may request that the Andalusia Regional Authority's complaints and claim forms be sent to them, either on hard copy or electronic format, at the following e-mail address: atencion.al.cliente@unicaja.es, according to the form established in the Document for automatic devices and telematic subscription. They can also access online the Government of Andalucia Complaint and Claims Form.  

 

 

You can find more information on the Bank of Spain banking customer portal or the CNMV investor portal.