Notice & Demand: templates and forms

For someone listed in Spain in a bad-debtor file such as ASNEF or Experian for a debt that is paid, does not exist, is disputed, was never notified, is over five years old or is under fifty euros. The letter exercises the right to erasure against the company running the file, asks for processing to be restricted while it checks, and points out the one-month deadline to answer (article 20 of Spain's data protection act, LOPDGDD, and articles 12 to 19 GDPR); a copy goes to the creditor. Exercising these rights is free, and the AEPD offers its own model forms. Send it by burofax or through the file's written channel. In Spanish.

For someone with an account in Spain who wants a company or a person to stop taking payments from it. Two letters: to the bank, revoking that creditor's direct debit mandate (SEPA mandate) so that no further debits are paid; and to the creditor, telling them so and saying how payment will be made from now on, or why the charges are disputed. The revocation applies to debits due after the business day on which the bank receives it (article 52 of Spain's Royal Decree-Law 19/2018). Send them by burofax, by hand against a signed copy or by registered post. In Spanish.

For the holder of a mobile, landline, broadband or TV line in Spain who wants to cancel and not be charged any more. The letter tells the operator to end the services two working days after receiving it, asks for the reference number, the closing bill and instructions for returning the equipment, and that nothing be charged afterwards. Send it by burofax with certified content, which proves the date from which the operator may no longer bill; you can also use any channel the operator offers. In Spanish.

For a member of a gym or subscriber to a service in Spain (a platform, club, magazine or monthly box) who wants to cancel and stop being charged. The letter gives notice on the date you choose, recalls that the company must allow cancellation by the same means used to sign up and without obstacles or disproportionate charges (art. 62.3 of the Spanish Consumer Protection Act, TRLGDCU), and asks for confirmation and for no further direct debits. Send it by burofax with certified content, which proves the date. In Spanish.

For someone who has revoked a mandate, authorisation or power and wants the bank, company, building administrator or office the agent dealt with to stop acting on the agent’s instructions. The letter gives notice of the revocation and its date, identifies the agent and asks for written confirmation. It goes by burofax with certified content and acknowledgement of receipt, one letter per recipient, with a copy of the principal’s ID. Many Spanish banks have their own procedure to remove an authorised person. In Spanish.

For someone in Spain who owes money to a bank, a lender, a utility or a debt collector and wants to offer a smaller lump sum (quita) or instalments (espera) to close the debt. The letter states the amount claimed and the amount offered, the schedule, and makes everything subject to written acceptance stating that, once paid, the debt is settled, with a receipt in full and removal from bad-debtor files. Nothing is paid before that acceptance. Send it by burofax or through the creditor's written channel. In Spanish.

For the holder of an account with a bank in Spain who wants to close it and not be kept waiting. The letter asks for the account to be closed and the contract ended, the balance transferred to another account, the cards cancelled, new direct debits refused and written confirmation with the final statement. It points out that the holder may close at any time, that the bank must do so within 24 hours, and that it is free if the account is open-ended or over six months old (article 32 of Spain's Royal Decree-Law 19/2018). Hand it in at the branch against a stamped copy, or send it by burofax. In Spanish.

For a business or self-employed person in Spain ending a services or supply contract with another business: a Spanish letter giving notice of termination, choosing the ground (the right to terminate or withdraw that the contract gives, or the other party's breach under art. 1124 of the Spanish Civil Code), setting the effective date and asking for materials back and the final invoice. Sent by burofax with certified content and acknowledgement of receipt. In Spanish.

For a consumer in Spain who bought online, by phone or away from the shop (at home or on an excursion) and has changed their mind: the letter withdraws from the contract within 14 calendar days, without giving reasons (arts. 102 to 108 of the Spanish Consumer Protection Act, TRLGDCU), and asks for everything paid back within 14 days. The model withdrawal form in annex B of the TRLGDCU, which the seller must give you free, is enough on its own. This Spanish letter proves what was sent and when: send it by burofax with certified content, or attach it to an e-mail. In Spanish.

For the policyholder of an insurance policy in Spain (car, home, health, funeral or another kind, but not life insurance) who does not want it renewed: the letter tells the insurer that you oppose the renewal at least one month before the expiry date, as article 22 of the Spanish Insurance Contract Act requires, and asks that no premium be charged for the new period. Send it by burofax with certified content, which proves that the insurer received it in time. In Spanish.

For someone who gave another person a private mandate or authorisation and wants to withdraw it: the letter gives notice of the revocation with effect from receipt, asks for the document and anything received back, and for an account. It goes by burofax with certified content and acknowledgement of receipt, which proves when it arrived. If the power was granted before a notary, revoke it before a notary too and use this letter to give notice. A separate notice informs banks and companies. In Spanish.