The banks only rectified in the 43.59% of the occasions in which the Bank of Spain issued a report giving the reason to a client of a Spanish financial institution that had claimed before the organism, according to provisional data of the Bank of Spain for the period between January and September 2018. That is to say, they maintained their position in 56.4% of the occasions in which the supervisor understands that the client is right in his complaint. The bank takes advantage of the fact that the position of the Bank of Spain is not binding, although within the body it provokes an increasing malaise that the entities maintain their criteria against the official opinion that gives the reason to the claimant.
At the end of the third quarter, the Department of Market Conduct and Claims (DCMR) received a total of 16,284 claims, but only 3,050 times the documentation provided by the claimant was complete and sufficient for processing.
Among the large banks, Sabadell rectified 84% of the time, followed by BBVA (61.96%), Bankia (61.43%), Banco Popular (45.45%), CaixaBank (43.94%), Santander (35.19%) and Bankinter (18.18%).
With the provision data, it can be said that in 2017 the banks rectified more times: 64% of the times compared to the current 43.6%, although the figures are not totally comparable because there are still reports in process of resolution in 2018. On this occasion all the claims of land clauses and mortgage expenses have been considered "reports of inadmissible supervening" because they are pending judicial resolution.
Judgment with the official report
Of the 3,050 files processed, the resolution was favorable for the claimant in 2,007 occasions. In 1,305 cases, the banks were raided, that is, they admitted that the client was right when the procedure was initiated and the Bank of Spain asked them for allegations. In the remaining 702 cases, the supervisor determined that the claimant was right, but the bank only rectified in 43.6% of the cases. In the remaining 55.4%, the user only has the possibility of going to trial, although the favorable report of the Bank of Spain has a lot of weight in the judicial procedure, according to knowledgeable sources of the process.
Of the total claims, 57.93% corresponded to mortgages, 16.64% to accounts and deposits, 8.57% to cards, 5.88% to other claims, 5.23% to personal loans, 1.6% to transfers, 1.35% to cash and checks, 1.21% to other payment services, 0.88% to SMEs and 0.66% to guarantees.
Of the 16,284 claims, 9,234 were denied by this service. Almost 2,000 because they were in legal proceedings; 1,167 occasions for incomplete information; 1,108 cases because they have not provided proof of the claim; in 4,433 because it was considered that they had no reason and 578 cases have been transferred to other agencies.
By region, 16.7% of the claims to the Bank of Spain were presented in Madrid, 9.77% in Valencia, 8.71% in Barcelona and 5.82% in Seville.