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Information of interest to customers

Rates for commissions, conditions and costs that may be passed on to customers

 

The booklet on rates, commissions, conditions and costs that can be passed on to customers is available to our customers on this website, as is an information booklet on the fees for securities transactions and standard contracts for securities transactions.

 

Customer Service Department

 

Claims for services and transactions carried out with Unicaja Banco, in accordance with the current regulations, may be sent on paper or by computer, electronic or telematic means, provided that they allow the documents to be read, printed and retained, to:

  • MR JOSÉ FRANCISCO DOMÍNGUEZ FRANCO. CUSTOMER SERVICE DEPARTMENT. Avda. de Andalucía, 10-12. 29007 Malaga.
  • BANK OF SPAIN MARKET CONDUCT AND CLAIMS DEPARTMENT. (You must have previously complained to Unicaja's Customer Service Department).
  • NATIONAL SECURITIES MARKET COMMISSION. (Competent in questions of customer protection in the securities markets, for matters under its responsibility, and which requires having previously complained to Unicaja Banco's Customer Service Department).
  • DIRECTORATE GENERAL FOR INSURANCE AND PENSIONS. (Competent in questions of insurance and which requires having previously complained to Unicaja Banco's Customer Service Department).

Regulatory standards

 

The legislation that regulates the transparency of transactions and customer protection are contained in the following provisions:

  • Law 10/2014, of 26 June, on the regulation, supervision and solvency of credit institutions, implemented through Royal Decree 84/2015, of 13 February.
  • Standard 8 of the Bank of Spain Circular 8/1990 of 7.09.90 (Official State Gazette - BOE 20.09.90).
  • Law 2/1994 on Subrogation and Modification of Mortgage Loans of 30.03.94 (BOE 04.04.94).
  • Law 16/2011 on Consumer Credit Agreements of 24.06.11 (BOE 25.06.11).
  • Law 16/2009 on Payment Services of 13.11.09 (BOE 14.11.09) and the implementing Order EHA 1608/2010 of 14.06.10 (BOE 18.06.10).
  • Order EHA 1665/2010 of 11.06.2010 (BOE 23.06.10) and Circular 7/2011 of the CNMV of 12.12.11 (BOE 24.12.2011) on the booklet of rates and content of standard contracts.
  • Order EHA/2899/2011, of 28 October, on the transparency and protection of banking services customers, and Circular 5/2012, of 27 June, of the Bank of Spain, on credit institutions and payment service providers, transparency of banking services and responsibility in the granting of loans.

 

Exchange rates on currency and banknote transactions

 

We offer our customers daily information about the minimum purchase and maximum sale exchange rates that apply to transactions for the purchase and sale of currencies and banknotes from countries not forming part of the EMU, against the euro, whose amount does not exceed €3,000.

 

 

Loans

 

Our loan customers are notified that the pre-contractual information sheet is available to them, free of charge.

Our customers are informed of their right to request a free binding offer for mortgage loans and consumer credits.

 

Our customers are also informed that the Bank of Spain has published the mortgage loan access guide and the informative booklet on the guide, whose creation was mandated by article 20 of Order EHA/2899/2011, of 28 October, on the transparency and protection of banking services customers.

 

Likewise, our customers are informed that Unicaja Banco adheres to the Code of Good Practices for the viable restructuring of debts with mortgage guarantee on the habitual residence, included in the Appendix of Royal Decree-Law 6/2012, of 9 March, on urgent measures to protect mortgagors without resources, in its latest version introduced by Royal Decree-Law 5/2017, of 17 March, modifying Royal Decree-Law 6/2012, cited above, and Law 1/2013, of 14 May, on measures to strengthen the protection of mortgagors, debt restructuring and social housing.

 

Customers who want information about its content and/or the requirements that must be met to qualify for it, can go to their branch and ask for the document containing general information on urgent measures to protect mortgagors without resourses, or they can obtain it in general information on measures to strengthen the protection of mortgagors.

Information on PSD2

PSD (Payment Services Directive) is the acronym colloquially used for the European Payment Services regulations. The so-called PSD2 (Directive 2015/2366 on payments services in the internal market), is the second of the European directives that have come to substitute the first directive on this matter (PSD1) due to major sectors on the European payment market, in particular, card payments, Internet payments and mobile payments, still being broken up according to the national boarders. Many innovative payment products or services that have arisen in recent years were not fully or mostly covered by the scope of application of the PSD1.

 

 

PSD2 has been transposed to the Spanish juridical order through Royal Decree Act 19/2018 on payment services and other urgent measures in financial matters. The Royal Decree Act was enacted on 24th November 2018, except for the part on transparency and the rights and obligations that came into force on 24th February 2019, as well as the reinforced authentication security measures for clients and some open, common, secure communication standards, that shall come into force on 14th September 2019.

 

 

However, what exactly is PSD2?

 

It is a standard with the main objective of establishing a regulatory framework on the European payment services market, fundamentally in the digital environment, that has the following objectives:

  • To facilitate and improve security in use of payment services over the Internet.
  • To reinforce the level of user protection against potential fraud and abuse.
  • To promote innovation in payment services using mobile phones and the Internet.

 

 

How does this affect the clients?

 

By improving both the service offer as well as user security and protection:

 

 

1.   New services

In addition to the traditional payment services (deposits, withdrawals, standing orders, transfers, cards, PST and money transfers) there are two new services that require access to your payment accounts by a third-party provider of payment services with your prior consent. In that sense, we remind you that your identifying credentials must not be notified to third parties. These two new services are: 

 

  • Payment commencement service. This service may be used to initiate a payment directly from your account through a payment service provider (a Bank for example). What you must do is give your specific consent using the online resources made available to you.
  • Account information services. This service is known as bank account aggregation. With this service, you may allow third-party payment service providers to access information on accounts you hold. This service is exclusively online and, in order for Unicaja Banco to provide that information to a third party, you must previously provide your specific consent through that third party and you may also withdraw it through that party. You may also use Electronic Banking (UniVía) to see which third parties have your authorisation to access your account information.

 

PSD2 also regulates a fund confirmation service that allows a payment service provider issuing a card, with your prior consent, to consult your bank, your payment service provider account linked to the card, to see if there are available funds to honour the payment. That fund confirmation will consist of a “YES” or a “NO” regarding the sum consulted. Thus, the service may be applied to a debit card you have subscribed with a payment service provider (for example, Bank A) but which is domiciled in the account of another service provider (for example Bank B). Under no circumstance shall specific information be provided on the amount of your balance and it will only be possible if your account is accessible through (UniVía) Electronic Banking.

 

This possible third-party access to your accounts with your consent may be refused by the bank for objectively justified, duly documented reasons related to unauthorised or fraudulent access to the payment account by the third-party payment service provider. 

 

2.   Security and user protection.

  • In order to improve security, reinforced client authentication shall be required, with exceptions, in online access to accounts based on use of two or more classified identifying elements that are independent — that is, that breach of one does not compromise the reliability of the others—, and conceived  so as to protect the confidentiality of the authentication data.
  • On the other hand, the maximum losses a consumer or micro-company must bear in the case of an unauthorised payment operation taking place due to use of a mislaid, stolen or third-party misappropriated payment instrument, is reduced from 150 to 50 euros. 
  • The response time for complaints regarding payment services is reduced to 15 days and, in exceptional situations, up to a maximum of one month.
  • The protection foreseen for micro-company consumers is extended with regard to transparency of the conditions and information requisites applicable to the payment services, resolution and amendment of the framework contract and the rights and obligations in relation to provision and use of payment services. Notwithstanding this, an exception is made for micro-companies regarding application of the right to order reimbursement of standing order debits due to an authorised payment order initiated by a beneficiary or through it, for a term of eight weeks as of the date of the funds being debited to the account.
  • The regulations provide a non-renounceable right for the consumer or micro-company regarding termination of the contract at any time and without the need for any advance notice whatsoever, with effect once 24 hours have elapsed from receiving the application, except if there are related services in force. Termination shall be free of charge unless the contract has been in force for less than six months, in which case the bank may charge a commission for such termination. 

 

 

REMEMBER: You must take reasonable measures in custody and use of your security credentials and cards. We recommend you to consult the security measures we advise you for your cards and the Unicaja Banco Electronic Banking.

General information on measures to strengthen the protection of mortgagors

Information on the Floor Clause

Information on Royal Decree-Law 1/2017, of 20 January, on urgent consumer protection measures in the issue of floor clauses (Official State Gazette - BOE - of 21 January, with entry into force on the same date; recognised by the Resolution of the Congress of Deputies of 31 January 2017 - BOE of 7 February 2017).

 

The purpose of this Royal Decree-Law is the establishment of measures that facilitate the return, when appropriate, of amounts unduly paid by the individual consumer to credit institutions in application of certain floor clauses contained in loan or credit agreements guaranteed with a property mortgage.

 

The customers of the Bank with the relevant profile will be able to benefit from this Royal Decree-Law.

 

Specialised service responsible for settling claims related to the floor clause. 

 

The Bank has created the following specialised service to process the claims received that are within the scope of Royal Decree-Law 1/2017:

  • Name: "Specialised Service 'Floor clause' (RDL 1/2017)".
  • Postal address: CC/ Ancla, nº 2, 5ª planta, 29015 Malaga.
  • E-mail address: secs.clausulasuelo@unicaja.es
  • Date of entry into operation: 21 February 2017.

 

Filing of claims

 

The claims, duly signed, will be filed at the branch where the claimant is a customer, or, failing that, at any of the bank's branches that are open to the public.

 

The bank makes available to its customers, on its website and at branches open to the public, an application form.

 

The claims must contain at least the following information and documentation:

 

Personal details of the customer (and of the representative, if applicable): first name, surname(s), Tax ID number (NIF) and address. The representation of the customer, conferred on a third party, must be duly certified.

 

Identification of the loan subject to the claim (bank account number (CCC), available in any of the receipts for the mortgage loan/credit leading to the claim), and specification of the matters on which a decision from the Specialised Service is requested.

 

Once the claim has been received, its reception will be acknowledged for the purposes of calculating the deadlines stipulated in Royal Decree-Law 1/2017.

 

The customer's submission of certain documents together with the application, such as the binding offer, FIPER, loan or credit deed, subrogation or novation deed, private agreements on the modification of conditions, etc., is voluntary, but could speed up the analysis of the claim.

 

Processing

 

The bank, through the Specialised Service, will be obliged to process and manage the claims made by customers within the scope of the Royal Decree-Law. The maximum term for the customer and the Bank to reach an agreement will be three months, counted from when the claim was filed. If the claim was filed before 21 February 2017, the three-month period will begin from this date.

 

In the event that the bank considers the refund to be inappropriate, it will inform the customer of the reasons for its decision.

 

Once the claim has been received, the bank will calculate, where applicable, the amount to be refunded, and will provide the customer, through its branch, with a notification detailing this calculation.

 

The customer must state whether they agree with the calculation. If they do, the customer and the bank may agree on compensatory measures other than a cash refund, after 15 days have passed since the date of reception of the decision on their claim.

 

Other information

 

The customer and the bank may not take any judicial or out-of-court action against each other with regard to the matter of the claim during the time it is being processed. If a lawsuit is filed prior to the end of the procedure and with the same purpose as the claim, when notified, the process will be suspended until the previous claim is settled.

 

In the legal proceedings in progress on the entry into force of Royal Decree-Law 1/2017, in which a claim included in its scope is being addressed, launched by one or more customers against the bank, the parties may mutually agree to submit to this procedure, requesting the suspension of the process.

 

The agreed refunds may have an effect on tax and will be reported to the Tax Agency.

 

References to the regulation on transparency and the protection of financial services customers

 

Regulations for consumer protection and general contracting conditions.

  • 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 7/1998, of 13 April, on general contracting conditions.

Protection of the user of banking services

  • Royal Decree-Law 1/2017, of 20 January, on urgent consumer protection measures in the issue of floor clauses.
  • Order ECC/2502/2012, of 16 November, regulating the procedure for presenting claims to the complaints services of the Bank of Spain, the National Securities Market Commission and the General Directorate of Insurance and Pensions.
  • Law 44/2002, of 22 November, on Measures to Reform the Financial System.

Banking transparency regulations

  • Law 1/2013, of 14 May, on measures to strengthen the protection of mortgagors, debt restructuring and social rents.
  • 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 EHA/2899/2011 of 28 October, on banking service transparency and customer protection.
  • Order of 5 May 1994 on the transparency of the financial conditions of mortgage loans (repealed provision, which may be applicable according to the signing date of the loan/credit transaction).
  • Law 2/1994, of 30 March, on the subrogation and modification of mortgage loans.
  • Circular number 8/1990, of 7 September, to Credit Institutions, on the transparency of transactions and customer protection (repealed provision, which may be applicable according to the signing date of the loan/credit transaction).

Informative poster about the IDEP

If you wish to arrange a mortgage loan on a property, you have the right to receive a mandatory documentation index (known as an "IDEP"), which lists all documents that must be supplied before it can be formalised.

 

Law 3/2016, of 9 June, for the protection of the rights of consumers and users when taking out mortgage loans and credits on a property (Official Bulletin of the Andalusian Autonomous Government - BOJA of 16 June 2016).

Prize Draw Rules

Use this link to download the 2019 Survey Prize Draw Rules.

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