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Bank... La Caixa... Is this legal?

Bank... La Caixa... Is this legal?

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Old Mar 25th 2010, 10:41 am
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Default Bank... La Caixa... Is this legal?

I went to La Caixa to open a new account. It's only a savings account so it is impossible to overdraw. I took my NIE and green residency certificate. The bank says anyone with a NIE, i.e. not a Spanish National, must pay 72€ per annum for a life insurance with the bank in order to hold an account there. Spanish Nationals do not require this. I pointed out that as an EU citizen resident in Spain I should not be treated any differently than a Spanish National. Anyway the bank won't yield. I complained to the "Defensor del Cliente" (part of the bank) and their answer is this:
Contestamos a su correo electrónico en el que hace referencia a la obligación de contratar un seguro de vida.

Le comunicamos que la propia oficina puede establecer sus criterios a la hora de realizar la operación.
Meaning, in plain English, "the branch can do as it pleases".

I called the British Consulate to ask if it is legal to treat an EU citizen, resident in Spain, in a way that is inferior to a Spanish National. Their answers were:
We don't give legal advice
Look on the EU website
Consult a solicitor
Complain to the Defensor del Pueblo
Anyway back to the question: is this legal? If not can anyone point me to laws or legislation that demonstrate this?

By the way before anyone advises go to another bank I want to say I am doing this because my wife already has several accounts with this bank and I want this account to avoid transfer fees between our accounts.

Last edited by Tele Addict; Mar 25th 2010 at 10:47 am.
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Old Mar 25th 2010, 11:04 am
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Default Re: Bank... La Caixa... Is this legal?

There should be a 'Consumo' office with your local town hall - for complaints. See what they say -but I suppose the bank can put this condition into the contract if they want to.

They probably think it is a great offer!
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Old Mar 25th 2010, 11:21 am
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Default Re: Bank... La Caixa... Is this legal?

Originally Posted by spainrico
I suppose the bank can put this condition into the contract if they want to.
Contract law in Spain is not like the UK. In Spain a contract cannot ask you to renounce rights given under generic law. So the question is, irrespective of contract, whether a foreigner is allowed in law to be discriminated against in this way.
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Old Mar 25th 2010, 11:28 am
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Default Re: Bank... La Caixa... Is this legal?

Originally Posted by Tele Addict
I went to La Caixa to open a new account. It's only a savings account so it is impossible to overdraw. I took my NIE and green residency certificate. The bank says anyone with a NIE, i.e. not a Spanish National, must pay 72€ per annum for a life insurance with the bank in order to hold an account there. Spanish Nationals do not require this. I pointed out that as an EU citizen resident in Spain I should not be treated any differently than a Spanish National. Anyway the bank won't yield. I complained to the "Defensor del Cliente" (part of the bank) and their answer is this:
Contestamos a su correo electrónico en el que hace referencia a la obligación de contratar un seguro de vida.

Le comunicamos que la propia oficina puede establecer sus criterios a la hora de realizar la operación.
Meaning, in plain English, "the branch can do as it pleases".

I called the British Consulate to ask if it is legal to treat an EU citizen, resident in Spain, in a way that is inferior to a Spanish National. Their answers were:
We don't give legal advice
Look on the EU website
Consult a solicitor
Complain to the Defensor del Pueblo
Anyway back to the question: is this legal? If not can anyone point me to laws or legislation that demonstrate this?

By the way before anyone advises go to another bank I want to say I am doing this because my wife already has several accounts with this bank and I want this account to avoid transfer fees between our accounts.
Tell them to shove it somewhere and go to another bank...same as you would in the UK.
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Old Mar 25th 2010, 12:29 pm
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Default Re: Bank... La Caixa... Is this legal?

Even better, get your wife to close all her accounts with them and take ALL your business elsewhere!
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Old Mar 25th 2010, 12:40 pm
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Default Re: Bank... La Caixa... Is this legal?

Originally Posted by Hillybilly
Even better, get your wife to close all her accounts with them and take ALL your business elsewhere!
I'm not interested in closing the accounts, I just want to know if this is illegal and if so I can act accordingly.
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Old Mar 25th 2010, 12:59 pm
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Default Re: Bank... La Caixa... Is this legal?

If that is what they say then you are stumped, banks here don't worry about customer relations.
Is it illegal.....well only if you are claiming discrimination and taking on that claim against a bank here in Spain.....I wouldn't.
You could 'threaten' to close all your accounts and then see what they say.
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Old Mar 25th 2010, 5:49 pm
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Default Re: Bank... La Caixa... Is this legal?

I'm with La Caixa and was never asked to pay for insurance.

Could you try a different branch with a different manager?
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Old Mar 25th 2010, 6:39 pm
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Default Re: Bank... La Caixa... Is this legal?

Originally Posted by Tele Addict
I went to La Caixa to open a new account. It's only a savings account so it is impossible to overdraw. I took my NIE and green residency certificate. The bank says anyone with a NIE, i.e. not a Spanish National, must pay 72€ per annum for a life insurance with the bank in order to hold an account there. Spanish Nationals do not require this. I pointed out that as an EU citizen resident in Spain I should not be treated any differently than a Spanish National. Anyway the bank won't yield. I complained to the "Defensor del Cliente" (part of the bank) and their answer is this:
Contestamos a su correo electrónico en el que hace referencia a la obligación de contratar un seguro de vida.

Le comunicamos que la propia oficina puede establecer sus criterios a la hora de realizar la operación.
Meaning, in plain English, "the branch can do as it pleases".

I called the British Consulate to ask if it is legal to treat an EU citizen, resident in Spain, in a way that is inferior to a Spanish National. Their answers were:
We don't give legal advice
Look on the EU website
Consult a solicitor
Complain to the Defensor del Pueblo
Anyway back to the question: is this legal? If not can anyone point me to laws or legislation that demonstrate this?

By the way before anyone advises go to another bank I want to say I am doing this because my wife already has several accounts with this bank and I want this account to avoid transfer fees between our accounts.
In a nutshell.....no it is not legal. Any form of discrimination is illegal. Get it in writing.......join OCU and put a denouncia.
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Old Mar 25th 2010, 6:46 pm
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Default Re: Bank... La Caixa... Is this legal?

Originally Posted by Tele Addict
I'm not interested in closing the accounts, I just want to know if this is illegal and if so I can act accordingly.
But why in the country of mañana you want to go through the hassle? Are you bored?
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Old Mar 25th 2010, 6:47 pm
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Default Re: Bank... La Caixa... Is this legal?

Just write to this group maybe they can help?
https://www.facua.org/es/facua.php
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Old Mar 25th 2010, 6:53 pm
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Default Re: Bank... La Caixa... Is this legal?

Originally Posted by Casa Santo Estevo
Just write to this group maybe they can help?
https://www.facua.org/es/facua.php
Why? There's a hell of a court settlement to be gained out of this!
Speak with these people.....https://atencionglobal.ocu.org/index.aspx join their magazine and get free unlimited legal advice over the phone from professionals.
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Old Mar 25th 2010, 8:35 pm
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Default Re: Bank... La Caixa... Is this legal?

Would have thought this was a job for those stuffed suits in Brussels,...that is to ensure and enforce equal rights for all EU citizens.
Whilst it may take them years to act, they may get straight back to you to confirm the letter of the law,which may or may not be of some help,depending on the pigheadedness of the bank in question.
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Old Mar 25th 2010, 9:01 pm
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Default Re: Bank... La Caixa... Is this legal?

If I think back to when I had my equal/human rights training about 10 years ago in the UK, I seem to remember that it only applied to public or government bodies. Private companies weren't affected by it.

However, I did sleep through half the course so who knows
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Old Mar 25th 2010, 9:23 pm
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Default Re: Bank... La Caixa... Is this legal?

Originally Posted by Veleta
If I think back to when I had my equal/human rights training about 10 years ago in the UK, I seem to remember that it only applied to public or government bodies. Private companies weren't affected by it.

However, I did sleep through half the course so who knows
First
I would go with the advice of RACHELK try another branch first. I think it could be an over enthusiastic manager looking after his bonus!
Not this bank...but we were recently deducted 120euros 60 each for credit cards which we never ordered or even received. Nice one if we hadn't noticed.
The Banks will be back in profit very soon and the unsuspecting will pay.
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