Overdraft demand fees, account maintenance fees, overdraft fees, transfer fees, collection-handling fees... If the bank cannot prove it provided an effective and proportionate service, the Spanish Supreme Court declares the fee void and orders it refunded with interest.
The Spanish Supreme Court and Bank of Spain rule is clear: every fee must correspond to an effective, individualised and proportionate service. If even one of the three is missing, the fee is void.
The fee the bank charges you "for demanding repayment" of an overdraft. Spanish Supreme Court (STS 566/2019): void if it is automatic, not proportionate to the real cost and applied multiple times on the same debt.
Charges for "maintenance" that were not clearly disclosed when opening the account or that do not match a real service. Reclaimable if they did not appear in the contract or were applied unilaterally.
Additional charges for going into negative balance when you are already paying overdraft interest. Double-charging (interest + fee) on the same item is abusive.
Fees on SEPA transfers within the European Economic Area charged as "international", or transfers with fees different from those advertised in the contract.
Card maintenance fees you keep paying even though you do not use the card, or annual fees not disclosed at the time of contracting. Fully reclaimable.
On every amount unduly charged we accrue statutory interest from the date of each charge. It usually adds 15-20% to the final figure.
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Enter the approximate fees you have paid and the years of the account. We estimate a realistic recoverable amount. For an exact calculation we need the statements of the last few years.
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The Spanish Supreme Court doctrine and Bank of Spain criteria are consistent and favourable to consumers. These are the three key references we apply to every case.
The Plenary of the Spanish Supreme Court declares the overdraft-demand fee void when it is automatic, does not match the real cost of the service and is applied multiple times on the same debt. Settled doctrine that applies to every bank.
The Bank of Spain publishes its criteria on bank fees annually. The three requirements are non-negotiable: effective, individualised and proportionate service. Any fee failing one is contrary to good banking practice.
The CJEU rules that bank fees are subject to fairness and transparency review. The burden of proving an effective service falls on the bank — not on the consumer.