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Complaining in Spain – is anybody listening?

by James Baker, Partner of Advoco Law and Accountancy

We are part of a fairly relaxed society with a slow pace of life but who can deny that
Spain can also be a frustrating, even infuriating, place at times particularly when things
go wrong. Partly this is because when a problem or injustice occurs there is invariably
little you can do about it because complaints seem to fall on deaf ears or are just not
worth the hassle. This article looks at some complaining tactics and their effectiveness.

Complaints forms
Every establishment open to the public should have a “libro de reclamaciones” or
complaints book; you will have seen the notices about them in bars, banks and shops.
Filing a complaint does not guarantee success but businesses take them very seriously.
Simply asking for the book may do the trick but do not rush to complain as all chance of
an amicable settlement will be lost and it is quite bureaucratic: there is a 3 part form to
complete and it is your job to file it with the relevant consumer body together with
supporting evidence.

Legal complaints
Consulting a lawyer might seem like the “nuclear option” but actually can be a cheap and
simple way of obtaining redress so long as a court action is not required. A single letter
from a lawyer setting out a complaint and demanding satisfaction within a certain
timeframe can work wonders. The “Sistema Arbitral Consumo” is a kind of arbitration
short of a full court hearing which is another cheap option for settling commercial
complaints. For bad debts there is a small claims court which is simple to use.
Documentation to support your claim is pretty much essential for success.

The “Denuncia”
The idea of “denouncing” someone has a satisfying, if somewhat medieval, ring to it and
many foreigners living in Spain are often tempted by the thought of it. However the
denuncia has a very specific place in the Spanish legal system and should not be treated
lightly. A denuncia is essentially a report of a crime (usually to the police) and, once
made, is a request that the authorities investigate and prosecute the subject of the report,
so it cannot be used for frivolous reasons. As an example, I was involved in a case where
squatters would not leave a house and were denounced. The situation quickly escalated
to the point of arrests and court hearings where the denouncer had to justify his report
under oath. In this case it was a proportionate and correct way to proceed but also shows
that denuncias carry serious consequences and need to be supported by evidence.

Bank complaints
Given that banks are currently so out of favour, I thought I would end with a note about
bank complaints. The Spanish central bank (“Banco de España”) accepts complaints
from private individuals about any Spanish-based bank or credit institution. See their
website www.bde.es for details but note that you must have tried and failed to complain
using the bank’s own internal complaints department first.
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If anyone has any specific questions for James about Spanish law, tax or day to day
problems, email him mentioning The Sierras and he will respond free of charge.

Ask for the complaints book

. . . or “libro de reclamaciones” as they say in Spanish - every


establishment should have one. Filing a complaint does not guarantee
success but businesses take them very seriously. Simply threatening to
make a complaint may bring about the desired result but do not rush to
escalate your complaint as an amicable settlement will then be
impossible and it is quite a burden: there is a 3 part form to complete
and it is your job to file it with the relevant consumer body together
with supporting evidence.

Lodge a formal legal complaint

Calling in a lawyer might seem a bit extreme but actually can be a


cheap and simple way of obtaining redress so long as a court action is
not required. A single letter from a lawyer setting out the problem and
asking for a response within a set period can work wonders. There also
exists a consumer arbitration system which is cheaper than a full court
hearing. Bad debts can be chased in a small claims court which is
simple to use. Any legal action will require documentation to support
the claim.

"Denounce" the offender

The idea of “denouncing” someone who has offended or wronged you sounds
an attractive option and thus many people turn to the "denuncia" but
they should be careful. However the denuncia has a very specific place
in the Spanish legal system and should not be treated lightly. A
denuncia is essentially a report of a crime (usually to the police)
and, once made, is a request that the authorities investigate and
prosecute the subject of the report, so it cannot be used for frivolous
reasons.

Complain to the Bank of Spain

As they are so out of favour at the moment bank complaints get a special mention. If you
have a complaint about the services or products of your bank or other Spanish credit
institution, you can lodge a complaint with the Spanish central bank (“Banco de España”)
Note that you cannot complain without first having exhausted the bank’s own internal
complaints procedure first.
Tips: Complaint forms are in English and Spanish and can be completed
in English.

Lawyers should charge no more than around 50-100€ for sending a legal
letter of complaint.

Warnings: Denuncias can quickly escalate to arrests and court hearings


to be prepared to back them up with evidence and statements under oath.

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