Bank... La Caixa... Is this legal?
#1
Banned
Thread Starter
Joined: Jul 2009
Location: Costa Blanca
Posts: 309
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:
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:
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.
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".Le comunicamos que la propia oficina puede establecer sus criterios a la hora de realizar la operación.
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?Look on the EU website
Consult a solicitor
Complain to the Defensor del Pueblo
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.
#2
BE Forum Addict
Joined: Aug 2009
Location: Costa Blanca
Posts: 3,142
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!
They probably think it is a great offer!
#3
Banned
Thread Starter
Joined: Jul 2009
Location: Costa Blanca
Posts: 309
Re: Bank... La Caixa... Is this legal?
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.
#4
Re: 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:
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:
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.
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".Le comunicamos que la propia oficina puede establecer sus criterios a la hora de realizar la operación.
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?Look on the EU website
Consult a solicitor
Complain to the Defensor del Pueblo
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.
#5
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!
#7
BE Enthusiast
Joined: May 2009
Posts: 882
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.
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.
#8
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?
Could you try a different branch with a different manager?
#9
Yaaarp
Joined: Oct 2009
Location: Trying to get the hell outta Spain!
Posts: 1,354
Re: 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:
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:
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.
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".Le comunicamos que la propia oficina puede establecer sus criterios a la hora de realizar la operación.
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?Look on the EU website
Consult a solicitor
Complain to the Defensor del Pueblo
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.
#11
Re: Bank... La Caixa... Is this legal?
Just write to this group maybe they can help?
https://www.facua.org/es/facua.php
https://www.facua.org/es/facua.php
#12
Yaaarp
Joined: Oct 2009
Location: Trying to get the hell outta Spain!
Posts: 1,354
Re: Bank... La Caixa... Is this legal?
Just write to this group maybe they can help?
https://www.facua.org/es/facua.php
https://www.facua.org/es/facua.php
Speak with these people.....https://atencionglobal.ocu.org/index.aspx join their magazine and get free unlimited legal advice over the phone from professionals.
#13
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.
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.
#14
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
However, I did sleep through half the course so who knows
#15
BE Enthusiast
Joined: Nov 2005
Posts: 943
Re: Bank... La Caixa... Is this legal?
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.