Official Claims Forms in Spain – When Should You Use Them?
If you’ve already lived in Spain for some time, you’ll probably have noticed in stores and offices signs (usually in Spanish and English) that Official Claims Forms are available. However, you may be unaware of what the procedures are and whether it’s worthwhile using one. Our quick guide will show you when to use them and what to do.
First of all, if you have a complaint try to reach an amicable solution there and then, or with bigger companies contact their Customer Service Department (normally by phone).
If you want to go down the administrative route, you can request an official form for claims regarding either goods or services. Any entity selling in Spain is legally obliged to have these forms available, they cannot refuse to provide you with one. The aim of the form is to avoid having to resort to going to court for minor issues, although depending on your complaint a judicial sentence may be of interest to get financial compensation or set precedent.
Remember that by using a Claims Form you will not get any monetary or other compensation. The main aim is to inform and possibly impose sanctions against the company involved.
The forms themselves have a format authorised by the region where you live in Spain (Comunidad Autónoma) and hence may differ from region to region. There is also the possibility in some regions to carry out the procedure online, however if you need to supply supporting documentation it may be better to do it in person or by post.
Even though forms may vary slightly in format, normally the following data will be required:
– Your full name and address
– DNI / NIE / Passport number
– Reason for complaint
– Date
Upon requesting a form, some stores may say that you have to fill in the form before you leave, a tactic that tends to put a lot of people off. However, in some regions it may be necessary to do that as the forms have 3 or 4 carbon copies, one of which has to be handed over to the store, in other regions you simply send the whole form to the local Administration who will inform the store involved about the complaint.
If you find yourself in the unfortunate situation of outright refusal by a store to give you a claims form you can either call the local police or go to your Municipal Consumer Office to report it. Either of these bodies will draw up a report in order to impose a sanction on the company involved
The regional Administration upon receiving a Claims Form will act as mediator in the conflict, if necessary they may appoint an arbitrator. The arbitrator’s decision, if accepted by both parties, substitutes any need for judicial intervention. Decisions tend to be quick and you should receive a written reply in under a month in most cases.
MSS Tips:
If you have to send documentation to a company’s Customer Service Department remember to keep copies and send it either by Burofax (at your Post Office) as this is legally recognised or send originals by registered post.
Some sectors have their own Customer Service departments for complaints, such as air transport: AENA, bank services: Bank of Spain Customer Service, internet and telephones: Telecomunications Users Office.
If you do decide to go to court, be prepared for a lengthy, costly and complicated time. However, if you want to claim for an amount below 900€ you won’t need a lawyer or paralegal. Sometimes your home insurance policy may include judicial defence costs, in that case use it.
