# Left Spain - Bank account not closed



## younghansolo (Nov 29, 2021)

Hi All, new member here looking for a bit of advice. 

I lived in Spain in 2016 for about 6 months and as such I opened a Spanish bank account with Sabadell (one of the ones that charges you every quarter.)

I had to return home very suddenly and so was forced to try and close my account from the UK. The telephone services were useless and refused to close my account so after continuing to pay my quarterly fee for a while I decided to stop because from my perspective I was no longer eligible for the account and I had informed them I wished to close it. I agin informed the telephone services of my intention.

Now in 2021, I receive a notification from a debt collector on their behalf asking me to pay around £300 or they will report me to Spanish credit agencies (and what else I don't know.) 

Any advice on what I should do? Can they actually do anything? The only up to date information they have for me is an email address and I have zero intention of returning to live in Spain (their credit agencies wouldn't even know I exists as I never had a NIA or perm dress or any credit of any kind.)

It's not a huge sum of money so I could just pay it, but I'm angry they kept charging me for something I told them I wanted to stop and wasn't eligible for any longer. 

Thanks in advance for any advice!


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## proud.to.be.EUROPEAN (Feb 14, 2020)

Bank terms dictate how account can be closed, not you.
If bank wants you to stand on one leg and shout Ole to close account, then thats what you got to do.
So, you were liable for charges and they have accumulated and will continue to grow. Thier charges are legal and valid.

They could chase you in UK courts and they can trace you. Hiding behing email address wont protect you.
Or they could decide to drop case and close your account as its too much hasle.

If you pay debt, you must make sure account is closed or you will be in same position in few years.


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## younghansolo (Nov 29, 2021)

proud.to.be.EUROPEAN said:


> Bank terms dictate how account can be closed, not you.
> If bank wants you to stand on one leg and shout Ole to close account, then thats what you got to do.
> So, you were liable for charges and they have accumulated and will continue to grow. Thier charges are legal and valid.
> 
> ...


How could they chase me through the courts in the UK, the UK has no jurisdiction on money form Spain? 
I would suggest that the terms and conditions of the account are no longer valid personally. They require you to be a permanent resident in Spain, they require you to have a permanent address in Spain. Neither of which have ever been true. So you are correct, their terms dictate it. The point I'm making is that they have broken their own terms years ago. They are also, surely obligated to keep you informed of charges on your account. It's very clear the account hasn't;t been used in 5 years (over the legal requirement to chase charges form my understanding.)


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## xabiaxica (Jun 23, 2009)

younghansolo said:


> How could they chase me through the courts in the UK, the UK has no jurisdiction on money form Spain?
> I would suggest that the terms and conditions of the account are no longer valid personally. They require you to be a permanent resident in Spain, they require you to have a permanent address in Spain. Neither of which have ever been true. So you are correct, their terms dictate it. The point I'm making is that they have broken their own terms years ago. They are also, surely obligated to keep you informed of charges on your account. It's very clear the account hasn't;t been used in 5 years (over the legal requirement to chase charges form my understanding.)


If you never registered as a resident & didn't even have a NIE, then you must have a non-resident bank account.


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## younghansolo (Nov 29, 2021)

xabiaxica said:


> If you never registered as a resident & didn't even have a NIE, then you must have a non-resident bank account.


That would make sensefor them to have done. But they didn't because at the time I intended to stay as a resident (and then Brexit happened) so they kept asking me for the NIE but then I left before it ever got added to my account. I suppose it's possible they opened a temporary non-resident account but that wouldn't explain why the terms I signed were so specific on needing a NIE and perm residential address in Spain


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## xabiaxica (Jun 23, 2009)

younghansolo said:


> That would make sensefor them to have done. But they didn't because at the time I intended to stay as a resident (and then Brexit happened) so they kept asking me for the NIE but then I left before it ever got added to my account. I suppose it's possible they opened a temporary non-resident account but that wouldn't explain why the terms I signed were so specific on needing a NIE and perm residential address in Spain


A NIE is required even for a non-resident account


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## Barriej (Jul 23, 2012)

xabiaxica said:


> A NIE is required even for a non-resident account


Not when we opened our accounts in 2019.
All I provided was my passport, NI number and proof of paying tax in the UK. (my P60 which also had my NI on it)
And my address (not a Spanish one)...
Why would they ask for a Spanish address when you are not a resident anyway????????

Holiday makers can have a non res account.
I know of at least 2 who have and they don't have NIE.
This is with Santander, others may be different.






Can a foreign non-resident in Spain open a bank account?


Are you not a resident of Spain and wondering whether you can open a bank account in the country? We'll tell you all here! Keep reading




www.bancosantander.es





The link does say you need a foreigners cert, (didn't et asked for this) but you get a form to fill in about a month after you open the account which is sent to your foreign address and then supposedly every two years, to prove you are not resident...(but ours were made resident last year so I can't comment)


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## snikpoh (Nov 19, 2007)

xabiaxica said:


> A NIE is required even for a non-resident account


You can still open bank accounts with just a passport and NI number - no NIE needed when opening it.


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## kaipa (Aug 3, 2013)

younghansolo said:


> Hi All, new member here looking for a bit of advice.
> 
> I lived in Spain in 2016 for about 6 months and as such I opened a Spanish bank account with Sabadell (one of the ones that charges you every quarter.)
> 
> ...


This is one of the worst things about Spanish banks. You can open them willy nilly but to close them you have to go to your branch in person. No amount of letters etc will do. You will have to come back to Spain to close it or you will keep getting these demands.


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## xabiaxica (Jun 23, 2009)

snikpoh said:


> You can still open bank accounts with just a passport and NI number - no NIE needed when opening it.


Yes, but eventually the bank will insist upon a NIE.


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## Do28 (Dec 21, 2010)

xabiaxica said:


> Yes, but eventually the bank will insist upon a NIE.


Depends on the bank. Unless you are in banking regulation and know something we don't?


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## proud.to.be.EUROPEAN (Feb 14, 2020)

younghansolo said:


> How could they chase me through the courts in the UK, the UK has no jurisdiction on money form Spain?
> I would suggest that the terms and conditions of the account are no longer valid personally. They require you to be a permanent resident in Spain, they require you to have a permanent address in Spain. Neither of which have ever been true. So you are correct, their terms dictate it. The point I'm making is that they have broken their own terms years ago. They are also, surely obligated to keep you informed of charges on your account. It's very clear the account hasn't;t been used in 5 years (over the legal requirement to chase charges form my understanding.)


Without going in details, debts can be sold and bought. Debt companies are not idiots (but can be bullies) and if they see legaly valid calim, they will chase it. Terms condition will have to be compaible with UK law to be enforcable. On end of day, courts rule on what is valid, not you or me.

There is plenty info on debt collection cross-country, try google. Start reading this:





EU Property Solutions- Experts in all Spanish property issues


Eye on Spain blog post: Can a Spanish Debt be collected in the UK?



www.eyeonspain.com


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## trotter58 (Feb 8, 2017)

younghansolo said:


> That would make sensefor them to have done. But they didn't because at the time I intended to stay as a resident (and then Brexit happened) so they kept asking me for the NIE but then I left before it ever got added to my account. I suppose it's possible they opened a temporary non-resident account but that wouldn't explain why the terms I signed were so specific on needing a NIE and perm residential address in Spain


You only needed a passport & P60 to open a non resident account with Sabadell in 2016 and your passport number was probably used as your bank ID number. You will have signed a a whole bunch of paper to acknowledge their terms & conditions. 
They were/are required to confirm that you were still non resident after 2 years (and charge you for the privilege).

They are probably after your NIE because, unlike Spanish travel documents, our UK passports have the number changed on renewal. The Spanish NIE doesn't change and is yours for life.

I would write them a nice letter saying that you cancelled your account in 2016, or whenever, and you know nothing about any debts on the account.


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