Information on minimum interest clause

departamentoclausulasuelo@grupobbva.com

Your email address must be verified in our database for us to be able to definitively identify you and to ensure that communications via this channel are secure.

• If you are a BBVA customer and also a bbva.es user, you can do so at: My profile > Personal details > email > verify
• If you are not a bbva.es user, you can do it at:
  • Any BBVA branch
  • BBVA ATMs
• If you are not a BBVA customer: you must sign your request and attach and send it via email. You must also send a copy of your proof of ID.

In writing
Apartado de Correos (Cláusulas Suelo) 1598

28080 Madrid

We recommend you send your request via email in order to get the quickest response.

• First name, last name(s), and address of the party involved, and this party's representative if applicable; Number of the National ID Document. Provide notification regarding any changes in civil status (separation, divorce, death, disability, etc.).
• Clear specification of the issues that have led to your request, identifying the loan or credit facility and the bank that was the original lender.
• Statement that you have not initiated any administrative, judicial, or arbitration procedures against the bank in relation to the same matter. 
• Additional information if you are not a BBVA customer: 
  • Email or telephone number for communicating with you. 
  • Number of a checking account with the same account holders as those for the loan or credit.

Recibida la reclamación, el Departamento Cláusulas Suelo enviará al cliente un acuse de recibo a los efectos de cómputo de plazos.

El Departamento Cláusulas Suelo analizará la petición del cliente atendiendo al Real Decreto-Ley.

Si la petición no es procedente, se comunicarán las razones en que se motiva la decisión del Departamento Cláusulas Suelo, en cuyo caso se dará por concluida la reclamación.

Si la petición es procedente, el Departamento Cláusulas Suelo efectuará un cálculo de la cantidad a devolver y remitirá al cliente una comunicación desglosando dicho cálculo.

The maximum time period allowed for reaching an agreement is 3 months, counted from the date the claim is submitted.

The customer must state whether or not s/he agrees with the calculation.

Once the refund amount is agreed upon, a specific reimbursement method can be determined for the return of the funds. The customer will have a period of 15 days within which to state his/her agreement.

The refunds being agreed upon could generate tax obligations in some cases, and Spain's National Tax Administration Agency (AEAT in Spanish) will have to be notified.

During the time when the claim is being evaluated, the parties may not bring any legal or extrajudicial actions against each other, including any before the Banco de España Claims Service, in relation to the subject of the claim. Once the institution has expressly rejected the customer's request, or if a period of three months has passed without any notification being received from the institution, the customer may adopt any measures considered appropriate. If the request is made before February 21, 2017, the aforementioned term of 3 months will begin on this date.

Customer care service

• Law 44/2002, of November 22, on reform measures in the financial system, modified by Law 2/2011 of March 4 on sustainable economics.
• Order ECC/2502/2012, of November 16, which regulates the claims presentation procedure for the Banco de España claims services, the Spanish National Securities Market Commission (CNMV) and the Directorate-General of Insurance and Pensions.
• Royal Decree-Law 1/2017 of January 20th, on urgent consumer protection measures in relation to minimum interest clauses.

Transparency in banking transactions and customer protection and another consumer protection regulation:

• Order EHA/2899/2011, of October 28 of the Ministry of Finance and Public Revenue (Official State Gazette of October 29), on transparency and consumer protection in banking services.
  
• Law 22/2007, of July 11, on distance marketing of financial services for consumers.
  
• Legislative Royal Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and users and other complementary laws.

Mortgage loans

• Law 2/1994, of March 30, on subrogation and modification of mortgage loans.
• Order EHA/2899/2011, of October 28 of the Ministry of Finance and Public Revenue (Official State Gazette of October 29), on transparency and consumer protection in banking services.
• Royal Decree-Law 2/2003, of April 25, on economic reform measures.
• Law 36/2003, of November 11, on economic reform measures.
• Royal Decree-Law 6/2012, of March 9, on urgent measures for protecting mortgage loan holders without resources.
• Law 1/2013 of May 14th, on measures to strengthen protection of mortgage borrowers, debt restructuring, and subsidized rentals.
  

General contracting conditions:

• Law 7/1998, of April 13, on general contracting conditions.
  
• Order EHA/1718/2010 of June 11 of the Ministry of Finance and Public Revenue (Official State Gazette of June 29), on the regulation and control of the advertising of banking services and products, developed by Circular 6/2010 of September 28 of the Bank of Spain (Official State Gazette of October 11), to credit institutions and payment companies, on the advertising of banking services and products. Order EHA/1717/2010, of June 11 of the Ministry of Finance and Public Revenue (Official State Gazette of June 29), on the regulation and control of the advertising of investment services and products.
• Decree 123/2008 of July 1 of the Department of Industry, Trade and Tourism and the Basque Country Department of Culture (B.O. Basque Country of July 16), on the language rights of consumers and users.
  
• Law 22/2010 of July 20 of the Parliament of Catalonia (DOGC of July 23), on the Catalonia Consumer Code.
• Royal Decree Law16/2011, of October 14 (Official State Gazette of October 15), creating the Deposit Guarantee Fund of Credit institutions and Royal Decree 628/2010 of May 14 of the Ministry of Finance and Public Revenue (Official State Gazette of June 3), amending Royal Decree 2606/1996, of December 20 (Official State Gazette of December 21), on deposit guarantee funds in credit institutions and the Royal Decree 948/2001, of August 3 (Official State Gazette of August 4), on investor compensation systems.
• Circular 5/2012, of June 27, of the Bank of Spain (Official State Gazette of July 6), to credit institutions and payment services providers, on transparency of banking services and responsibility in the granting of loans.