Claims Unit for floor clause

Contact details:

Apartado de Correos 35.250
28080 Madrid
e-mail: clausulasuelo@gruposantander.es
Tel: 900 81 10 88, from Monday to Friday from 9 a.m. to 7 p.m. (not including public holidays)

Claims service obligation

By virtue of the provisions of Royal Decree-Law 1/2017 on urgent measures for consumer protection in the field of floor clauses, Banco Santander has created the Floor Clause Claims Unit to attend to claims that consumers may make in the field of application of said Royal Decree-Law.

These claims, which are voluntary for consumers, will be attended to and resolved within a maximum period of three months from their presentation in the Banco Santander Floor Clause Claims Unit.

Description of the procedure for handling claims

The claim must be submitted to the Floor Clause Claims Unit that Banco Santander has created, either by post or email, to the aforementioned addresses.

Once received at the Claims Unit, it will be studied and a decision will be made on its legitimacy or inadmissibility.
If it is not legitimate, the claimant will be informed of the reasons for the denial, putting an end to the procedure.

If applicable, the claimant will be informed, indicating the amount of the return, broken down and indicating the amount corresponding to interest. The claimant must communicate, within a maximum period of 15 days, their agreement or, where appropriate, objections to the amount.

In case of agreement, the claimant must go to their Banco Santander branch or any other of the Bank's branches, identifying themselves, stating their agreement in writing in the proposal made by the Bank, signing below.

The declaration of conformity must be made by at least one of the loan holders. Whoever signs in this condition will do so at their own risk and assuming the commitment to make it known to the other holders to, where appropriate, if necessary, distribute the amount.

Once signed, the floor clause Claims Unit will pay the agreed amount in the current account associated with the loan or, failing that, by banker's draft.

The refund received from these claims may generate tax obligations for its recipient, so it is recommended that the interested party consult the Tax Agency to find out what effect it may have on previous tax returns in which there have been tax credits for the interest paid in those years.

While this extrajudicial procedure lasts, no legal actions related to this claim may be brought. If the claimant filed a lawsuit prior to the end of the procedure, the process will be suspended until it is resolved.

Regulation, sorted by subject, which regulates the transparency of banking operations and the protection of customers:

Customer service and ombudsman service:

Law 44/2002, of 22 November, on measures to reform the financial system, amended by Law 2/2011, of 4 March, on sustainable economy.

Order ECO/734/2004 of 11 March, on customer service departments and divisions and the customer ombudsman of financial entities.

Order ECC/2502/2012, of 16 November, which regulates the procedure for submitting claims to the claims departments of the Bank of Spain, the National Securities Market Commission (CNMV) and the Directorate General of Insurance and Pension Funds.

Transparency of operations and customer protection, and other consumer protection regulations:

Order EHA/2899/2011, of 28 October of the Ministry of Economy and Finance, on transparency and the protection of banking service customers.

Law 22/2007, of 11 July governing remote marketing of financial services intended for consumers.

Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other supplementary laws.

Mortgage loans:

Law 2/1994, of March 30, governing the subrogation and modification of mortgage loans.

Order EHA/2899/2011, of 28 October of the Ministry of Economy and Finance, on transparency and the protection of banking service customers.

Royal Decree Law 2/2003, of 25 April, on economic reform measures.

Law 36/2003, of 11 November, on economic reform measures.

Law 1/2012, of 26 March, for the Protection of the Rights of Consumers Through the Promotion of Transparency in Mortgage Contracting in the Community of Madrid.

Royal Decree Law 6/2012, of March 9, on urgent measures to protect mortgage debtors without recourse.

General contracting conditions:

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

Order EHA/1718/2010 of 11 June of the Ministry of Economy and Finance (Official state Gazette of 29 June) on the regulation and control of the advertising of banking services and products, developed by Circular 6/2010 of 28 September of the Bank of Spain (Official State Gazette of 11 October), for credit and payment institutions, on the advertising of banking services and products. Order EHA/1717/2010, of 11 June of the Ministry of Economy and Finance (Official State Gazette of 29 June), on the regulation and control of the advertising of investment products and services.

Decree 123/2008 of 1 July of the Department of Industry, Commerce and Tourism and the Department of Culture of the Basque Country (Basque Country State Gazette of 16 July), on the linguistic rights of consumers and users.

Law 22/2010 of 20 July of the Parliament of Catalonia (Official Gazette of the Government of Catalonia of 23 July), on the Consumer Code of Catalonia.

Royal Decree-Law 16/2011, of 14 October (Official State Gazette of 15 October), creating the Deposit Guarantee Fund for Credit Institutions and Royal Decree 628/2010 of 14 May of the Ministry of Economy and Treasury (Official state Gazette of 3 June), amending Royal Decree 2606/1996, of 20 December (Official State Gazette of 21 December), on deposit guarantee funds in credit institutions and Royal Decree 948/2001 of 3 August (Official State Gazette of 4 August), on investor compensation systems.

Bank of Spain Circular 5/2012, of 6 June, for credit institutions and payment service providers, on the transparency of banking services and responsibility in the granting of loans.

Shall we discuss it?

If you would like more information, visit any of our branch offices.