Spain's rules
There is a charge on my card or account I never authorised
The official steps, and a place to count your complaint.
Who this covers
Card payments or direct debits the person never authorised (unknown merchant, card used by someone else, direct debit without a mandate), and refunds of authorised SEPA direct debits through the bank. Not disputes with a company the person did sign up with, unless handled through the bank.
Add your complaint
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No promise of a fix or refund. Do not name private people or include private details. This does not send a complaint to the company.
Your official route
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Check the charge and block the card if you suspect fraud
Look at the payment details, or ask your bank for them. If you suspect fraud, tell your bank as soon as possible: it will block the card and issue a new one; you may be able to block it yourself in the app.
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Tell your bank in writing that you did not authorise it
Deadline: Without undue delay once you notice it, and at the latest 13 months from the debit date.
The bank must refund an unauthorised payment immediately, and at the latest by the end of the next working day after you report it, unless it has reasonable grounds to suspect fraud and reports them to the Banco de España. It is for the bank to prove the payment was authenticated; its records alone do not prove you authorised it.
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A direct debit you did authorise? Ask for the 8-week refund
Deadline: Within eight weeks from the debit date.
For SEPA direct debits you authorised, the payments law gives you an unconditional right to a refund and the bank cannot refuse it, unless your contract with the bank excludes it for a payment you consented to directly with your bank and, where applicable, were told about at least four weeks before. The bank must refund within ten working days. A debit you never authorised is handled as an unauthorised payment (step 2, 13 months).
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If the bank refuses, complain to its customer service
Deadline: The bank must answer within 15 working days.
Send a written complaint to the bank's customer service department (or customer ombudsman). It must answer all the points you raise. Exceptionally it may send a provisional answer explaining the delay, but the final answer cannot take more than one month.
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Then complain to the Banco de España
Deadline: Once the bank has rejected your complaint, or one month after you filed it without a resolution. The Banco de España says it does not admit consumer complaints filed more than one year after the complaint to the bank.
If the bank rejects your complaint, or one month passes without it being resolved, file a complaint with the Banco de España online or in writing. You must prove you complained to the bank in writing first. It answers with a reasoned report, within 90 calendar days of receiving a complete complaint.
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If it is a fraud, report it to the police
Frauds and scams are not consumer complaints: they go to the police or the courts.
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Your written complaint
To: Your bank (its customer service department or customer ombudsman)
Must include
- Your full name, ID (DNI/NIE) and address for notifications
- The account or card concerned (last digits only)
- Each disputed charge: date, amount and merchant name as it appears
- That you did not authorise it, or that it is an authorised direct debit you want refunded
- When you first reported it to the bank
- What you ask for: refund of the amount with value date no later than the debit date
Keep
- The bank's acknowledgement of receipt and complaint reference
- A copy of your complaint, with the date
- Statements showing each charge
- Proof the card was blocked, and any police report
- The bank's written answer
Your rights
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You must report an unauthorised or wrongly executed payment without undue delay, and at the latest within 13 months from the debit date; that limit does not apply if the bank did not give you the payment information it had to.
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The bank must refund an unauthorised payment at the latest by the end of the next working day after it is reported, unless it has reasonable grounds to suspect fraud by you and reports them in writing to the Banco de España.
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If you deny authorising a payment, the bank must prove it was authenticated, recorded and not affected by a technical failure; it must also prove any fraud or gross negligence by you.
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With a lost or stolen card you may bear up to 50 euros of losses, with exceptions; you bear nothing if the bank did not require strong customer authentication, unless you acted fraudulently.
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For SEPA direct debits you authorised, you have an unconditional right to a refund from your bank within eight weeks of the debit, and the bank cannot refuse it, unless your contract with the bank excludes it for a payment you consented to directly with your bank and, where applicable, were told about at least four weeks before. The bank must refund within ten working days.
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Under the payments law, once you have consented to a payment initiated by the merchant (such as a card payment) you cannot revoke the payment order; after that it can only be revoked if agreed with your bank and with the merchant's consent. This does not affect your rights over unauthorised payments.
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The bank's customer service must answer payment complaints within 15 working days; exceptionally the final answer may take up to one month.
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