In a revolving credit card contract, the line that decides the claim is the interest rate, the one shown as an APR (TAE in Spanish) next to a percentage. If that rate is notably higher than the normal rate of money and clearly disproportionate to the circumstances, the Spanish law of 23 July 1908 on usurious loans, still in force, makes the contract void, and you then only have to repay the money you received, while the bank must pay back everything it collected above that amount.
Where the interest does not reach that level, the next question is how it was explained to you. A term included in a consumer contract without transparency, to the consumer’s detriment, is void by law, and with a card whose monthly payment barely reduces the debt, what is examined is whether you were told in an understandable way how that mechanism would work and what it would cost.
At Perseus & RC Abogados claims against banks are handled by Ana María Reza Cortiñas, member no. 6064 of the A Coruña Bar Association and managing partner of the civil practice, and Luis Jurado Cano, member no. 6317. This page is about contract terms and products, about what the bank charged you with your signature on the page. If someone emptied your account by posing as your bank, different rules apply and they are on the bank fraud page. What is common to any civil case is on the civil law page.
Revolving cards and quick loans
The 1908 law applies to any transaction that is in substance a loan of money, whatever the contract calls it, so it also reaches quick loans taken out on a mobile phone and store financing. The Spanish Supreme Court has already applied it to revolving cards, comparing the contract rate with the average rate the Bank of Spain publishes for that type of credit at the date of signing. Many of these contracts are signed with a code sent to your phone, and what that signature is worth in court is explained in electronic signatures and contract validity.
To calculate the claim we need the contract and the statements from the start, and if you no longer have them we request them from the bank in the complaint itself. If it is the bank, or a fund that bought the debt, that is chasing you, usury is also a defence. In an order for payment procedure you have twenty days to object, and before demanding payment the judge may find on their own initiative that the term the claim rests on is unfair and propose a lower amount.
Mortgage costs and floor clauses
Since April 2025, claims over the terms of a mortgage require a prior complaint to the lender, and without proof of it the court will not admit the claim. The bank has one month. If it accepts, it must give you a breakdown of what it will repay, interest included, and if it rejects the complaint it must give reasons, with the consequence that in court it cannot rely on different ones. That is why we draft the complaint with the lawsuit already in mind.
For set-up costs the date matters. For mortgages signed from 16 June 2019 the law itself allocates them, and the bank pays the agency fees, the notary for the deed and the Land Registry, while the valuation is for the customer. If you were charged them anyway, they can be claimed. Many earlier deeds contained a clause putting every cost on the customer, the Supreme Court has already ruled on it, and the argument now is over what part of each invoice the bank must refund.
A floor clause is the one that stopped your interest rate from falling below a minimum even when Euribor dropped. If what it meant was not clearly explained to you, it is void, and the refund covers what was overcharged from the very first payment. Before you sign a product such as a reverse mortgage, we can review the contract with you so there is nothing to claim later.
Before suing the bank
Outside mortgages, in any claim you bring as a consumer, a written complaint to the bank’s customer service department satisfies the pre-action negotiation requirement, provided it is not answered within the time its rules allow or the answer does not satisfy you. A decision of the Bank of Spain, if you complain to it, also counts. We file the complaint ourselves, with the figures calculated and asking for any missing documents, so that the bank’s answer can be used later in court. Bring whatever you have, the card contract or mortgage deed, statements or receipts, notary, registry, agency and valuation invoices and your letters with the bank. Missing papers are no reason to wait, because they can be requested.
Where we are
Rúa Torreiro 13, 3.º C, 15001 A Coruña, Spain. Phone +34 677 841 007. If you live elsewhere, send us the contract and statements and we will go through them by video call, in English.
Related reading
- Reverse mortgages in Spain, how they work and the risks for heirs
- Is a contract signed electronically valid?
- The Second Chance Law, cancelling debts you cannot pay
- Does a Spanish bank have to refund my money after a phishing scam?
Frequently asked questions
How do I know whether my revolving card charges usurious interest?
The interest in your contract is compared with the normal rate for that type of credit on the date you signed, taken from Bank of Spain statistics. If the gap is notable and disproportionate, the contract is void and you only have to repay what you actually drew. Bring the contract, or a recent statement if you do not have it, and we run the figures before any claim is made.
Do I have to complain to the bank before going to court?
Yes. For claims over mortgage terms, a prior complaint to the lender is compulsory and without it the court will not admit the claim. For other consumer claims, the same complaint to the bank counts as the pre-action negotiation the law has required since 2025, provided the bank does not answer in time or its answer does not satisfy you.
How long does the bank have to answer a complaint about my mortgage terms?
One month from receipt. In that time it must accept or reject it, and if it accepts it must give you a breakdown of what it will repay, interest included. If the month passes without an answer, if it rejects the complaint or if you disagree with its figures, you can go to court. The procedure is free of charge.
Someone emptied my account with a fake text message. Is this the right page?
No. When someone makes payments without your authorisation by posing as your bank, the claim is governed by payment services law, with its own rules on who must prove what. That is covered on our bank fraud page. This one deals with what the bank charged you under a contract you signed, through its terms or its products.
If the clause is void, how long do I have to claim the money?
Having an unfair term declared void is not subject to a time limit, but getting the money back is. When that period starts to run is a question on which both the Spanish Supreme Court and the Court of Justice of the European Union have ruled, and it depends on each case, so it is best to have it checked soon.