Useful information on customer protection
1. That, within its organisation, it has created 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, users of the bank, when they refer to legally recognised interests and rights related to transactions, contracts or financial services provided by the bank, whether deriving from the contracts themselves, regulations on customer transparency and protection, or financial best practices, particularly the principle of equality.
- To relay recommendations and suggestions to the bank's management regarding all aspects that, in its opinion, would strengthen the good relationships and mutual trust that must exist between the bank and its customers.
Pursuant to Order ECO/734/2004, of 11th March, the Customer Care Department is bound to resolve complaints and claims submitted by the clients and the companies in the group that shall be stated, within the maximum term of two months from these being submitted to the Department.
That term may be shorter when determined by the specific applicable regulations. Thus, Royal Decree Act 19/2018, of 23rd November, on payment services and urgent measures in financial matters, establishes that complaints submitted by users of payment services in relation to rights and obligations that arise from Titles II and III of this Royal Decree, these shall be resolved within a term of fifteen working days (one month in exceptional situations) from receipt of the complaint.
2. The address for the Customer Service Department is as follows:
Head of the Customer Service Department: Mr. José Francisco Domínguez Franco
Customer Service Department
Avda. de Andalucía 10-12
E-mail address: firstname.lastname@example.org
3. 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 presenting a duly signed letter directly in our branches, or by using the form designed for this purpose that is available in those branches.
- Through a signed letter addressed to:
Customer Service Department
Avenida de Andalucía 10-12
If you are a UniVía user and have a code card, by filling in the details requested in the following form: Claims and Complaints Form
If you are not a UniVía user, you can write to the e-mail address: email@example.com
- By sending a signed letter by fax to: 952 138 074
4. That the activity and functioning of Unicaja Banco's customer service department is governed, in addition to the customer protection regulations that shall be cited below, by the “Customer Protection Guidelines of Unicaja Banco, SA and companies from its group adhering to these” approved by Unicaja Banco's Board of Directors.
The Bank will be happy to provide you with the text on the Customer Protection Guidelines.
5. The group companies adhered to these Guidelines are those listed below:
- UNIMEDIACIÓN, S.L. (Banking - linked insurance operator)
- UNICORP PATRIMONIO, S.V., S.A.
- UNIGEST S.G.I.I.C., S.A.
- SEGURANDALUS MEDIACIÓN, CORREDURÍA DE SEGUROS, S.A.
- UNIÓN DEL DUERO, COMPAÑÍA DE SEGUROS DE VIDA, S.A.
6. 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 ultimately resolve the complaints and claims of the users of financial services in their respective fields.
7. The claimant may resort to the Complaint Services of the financial supervisors in the case of disagreement, with the result of the opinion issued by the Client Care Department, or if no response has been received by that Department, within the following terms:
- Once two (2) months have elapsed if not a consumer.
- Once one (1) month has elapsed if a consumer.
- Once fifteen (15) working days have elapsed if the claim concerns any payment service.
The postal and e-mail addresses of the Complaints Services are as follows:
8. Most important state regulatory references on the transparency of transactions and customer protection.
- 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.
- Royal Legislative Decree 6/2004, of 29 October, approving the revised text of the Law on the regulation and supervision of private insurance.
- Law 22/2007, of 11 July, on the distance marketing of financial services intended for 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.
- 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.
- Law 16/2009, of 13 November, on payment services.
- Royal Decree 712/2010, of 28 May, on the legal framework for payment services and payment entities.
- Order EHA/1608/2010, of 14 June, on the transparency of the conditions and information requirements applicable to payment services.
- Order EHA/1718/2010, of 11 June, on the regulation and control of the advertising of banking services and products.
- Circular 6/2010, of 28 September, of the Bank of Spain, to credit institutions and payment entities, on the advertising of banking services and products.
- 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.
- Royal Decree Act 19/2018, of 23rd November, on payment services and other urgent measures in financial matters.
- Order ECE/228/2019, of 28th February, on basic payments accounts, procedure to transfer payment accounts and requisites of comparison web sites.
- Act 5/2019, of 15th March, that regulates real estate credit contracts.
- Order ECE/1263/2019, of 26th December, on transparency of conditions and requisites of information applicable to payment services and that amends Order ECO/734/2004, of 11th March, on customer care departments and services, and the Ombudsman of financial institutions, and Order EHA/2899/2011, of 28th October, on transparency and protection of the banking services client.
- Royal Legislative Decree 4/2015, of 23 October, approving the revised text of the Securities Market Act.
- Circular 3/1993, of 29 December, of the National Securities Market Commission, on the recording of operations and filing of order justifications.
- Circular 1/1996, of 27 December, of the National Securities Market Commission, on the standards of operation, transparency and identification of customers in transactions of the Securities Market. (Repealed by Circular 7/2011, of 12 December).
- Circular 2/2000, of 30 May, of the National Securities Market Commission, on normalised standard-form agreement models of discretionary and individual management of investment portfolios. (Repealed by Circular 7/2011, of 12 December).
- Royal Decree 217/2008, of 15 February, on the legal framework for investment companies and other institutions providing investment services, and therefore partially amends the Regulation of Law 35/2003, of 4 November, on Collective Investment Institutions, approved by Royal Decree 1309/2005, of 4 November.
- 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 7/2011, of 12 December, of the National Securities Market Commission, on the informative rates booklet and standard-form agreement content.
- 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.
- Royal Decree 1464/2018, of 21st December, that develops the consolidated text of the Stock Market Act, approved by Royal Legislative Decree 4/2015, of 23rd October and Royal Decree Act 21/2017, of 29th December, on urgent measures for adaptation of Spanish Law to European Union law on the stock market, and that partially amends Royal Decree 217/2008, of 15th February, on the juridical regime of investment service companies, and other companies that provide investment services, and that partially amends the Regulations of Act 35/2003, of 4th November, on Collective Investment Institutions, approved by Royal Decree 1309/2005, of 4th November, and other royal decrees related to the stock market.
- Royal Decree Act 14/2018, of 28th September, that amends the consolidated text of the Stock Market Act, approved by Royal Legislative Decree 4/2015, of 23rd October.
9. References to regional references:
- Decree 472/2019, of 28th May, that regulates complaint sheets and claims by consumers and users in Andalucia and their administrative process.
Pursuant to the terms established in Article 3 of the Decree, in cases of sales or services provided by remote or telematic means, the persons concerned who are resident in Andalucia may ask to be sent the Government of Andalucia complaint and claim forms, on paper or electronic format, at the following electronic address: firstname.lastname@example.org, according to the form established in the Document for automatic devices and telematic subscription. They may also have online access to the Government of Andalucia Complaint and Claims Form.
To obtain more information, you can access the Bank of Spain banking customer portal or the CNMV investor portal.