Have you noticed your bank charging fees you don’t understand or consider unjustified? Claiming unfair bank charges is one of the most common issues we handle at our law firm, and it continues to be a growing concern for consumers.
At BUFET GÓMEZ FERRÉ, expert banking law solicitors, we explain how to identify improper charges, what the law says, and the steps you can take to recover your money.
What are unfair bank charges?
Unfair bank charges are amounts charged by banks to customers without legal justification, transparency, or the provision of any real and effective service. By law, all charges must be previously disclosed, explicitly accepted, and correspond to a requested or effectively rendered service. If these conditions are not met, the charge may be considered unfair and subject to a claim.
Common examples of unfair bank charges:
- Maintenance fees on accounts linked to mortgages
- Opening fees without justification or overlapping with other charges
- Overdraft fees with disproportionate interest
- Fees for claiming overdue debts, declared null by the Supreme Court
- Fees for cash deposits at the counter not previously agreed upon
- Administration or maintenance fees not disclosed to the customer
- Issuance or maintenance fees for unrequested cards
In addition to unfair bank charges, there are other financial products and clauses that can be challenged, such as revolving credit cards, IRPH, or the floor clause. If you would like to learn more about how to claim these, we recommend reading our articles:
What is IRPH and when is it abusive?
Floor Clause: What is it and how does it affect your mortgage?
How to claim revolving cards and other abusive banking clauses
Regulation and case law on improper fees
Spanish and European regulations are clear: fees are only legal if they comply with the principles of transparency, prior disclosure, and proportionality. The Bank of Spain states that they must correspond to a service that was actually provided and properly disclosed to the customer.
The Supreme Court and the Court of Justice of the European Union have issued rulings nullifying fees when the service is not justified, charges are duplicated, or the amounts are disproportionate.
For example, the recent CJEU ruling from April 2025 clarifies that the opening fee is not abusive by default, but it may be if it is not justified or overlaps with other loan expenses.
How to claim unfair bank fees
If you detect that you have been charged undue fees, you can start the process to claim unfair bank fees by following these steps:
- 1. Review your contract and bank statements
Make sure the fee is justified and was previously disclosed and/or complies with current regulations. Review your bank statements to identify all charged fees and verify that they were properly disclosed and correspond to a real service provided.
- 2. Request an explanation from the bank
Contact your bank, preferably in writing, and request a detailed explanation for the charge. Ask for documentation proving the service provided or the justification for the fee.
- 3. Submit a formal complaint to the bank’s Customer Service
If you do not receive a satisfactory response, submit a formal complaint using a bank fee complaint letter template. Specify the transaction, reason for the complaint, and attach all relevant documentation. The bank has a maximum period of 2 months to respond.
- 4. Contact the Bank of Spain
If the bank’s response is negative or you receive no reply within the given time, you may file a complaint with the Bank of Spain. This body will analyze your case and issue a report which, although not binding, is often taken into account by financial institutions and may help in recovering the excess amounts charged.
- 5. Legal action
If the bank still refuses to reimburse you after exhausting the out-of-court options, you can take legal action. At this stage, it is strongly recommended to consult lawyers specialized in banking law to prepare the lawsuit and defend your rights in court.
Required documentation to claim unfair bank fees
To strengthen your case and increase the chances of success, you should gather the following documentation:
- Account or banking product contract
- Bank statements showing the charged fees
- Correspondence with the bank regarding the disputed fee
- Copy of the complaint submitted to the Customer Service
- Responses from the bank or the Bank of Spain
- Any other document that proves the improper charge
Remember that the general deadline to claim unfair fees is 5 years from the date the fee was charged, although in some cases this can be extended if the events occurred before October 2015.
How much money can be recovered in a claim?
The amount you can recover when claiming unfair bank fees depends on the type of fee, the amount charged, and the time elapsed since the charge was made. In practice, both individuals and companies have recovered anything from small amounts to several thousand euros, especially in cases involving maintenance fees, mortgage opening costs, late payment charges, or unjustified overdraft fees.
Real cases and refund examples
Although refunds of small amounts in personal accounts are common, our law firm specializes in higher-value cases, where the claimed amounts are substantial and the impact on the company or professional is significant.
From our law firm in Barcelona, we successfully manage unfair bank fee claims for both individuals and companies. Below are some examples of significant recoveries we have achieved for businesses and self-employed professionals, such as:
Our expertise covers both legal proceedings and out-of-court solutions, tailoring our strategies for individuals and businesses. We offer legal advice to companies and professionals affected by the charging of high unfair bank fees, designing a strategy suited to the complexity and scale of each case.
What to do if the bank rejects the claim?
If the bank does not accept your claim or does not respond within 2 months, the next step is to go to the Bank of Spain presenting all the documentation that supports your case, such as the contract, bank statements, and the previous claim made to the entity.
If you also do not get a solution, the judicial route is the next step. At this point, having the support of lawyers specialized in claiming abusive commissions like BUFET GÓMEZ FERRÉ will help you analyze the case personally, prepare the lawsuit, and defend your rights before the courts.
Frequently Asked Questions
You have a period of 5 years to claim the nullity and refund of abusive bank commissions, although in some cases prior to October 2015 the period can be up to 15 years.
You can claim any commission that does not correspond to a provided service, was not previously informed, is disproportionate, or has been charged twice. The most common are maintenance, opening, overdraft, default claim, and administration commissions.
It is not mandatory to claim before the bank or the Bank of Spain, but it is recommended to have lawyers specialized in Banking Law if you decide to go to court or if the claim is complex.
Free lawyer consultation – Lawyers specialized in claiming abusive bank commissions
Free lawyer consultation with lawyers specialized in banking claims in Barcelona.
At BUFET GÓMEZ FERRÉ, we offer you a free and no-obligation consultation to analyze your case. We are lawyers specialized in claiming abusive bank commissions, undue commissions, and all types of unjustified charges. We work on a success-fee basis under our lawyers on results model and defend your rights against financial institutions.
Contact our office in Barcelona or visit our page on Banking Law for more information and to recover your money.