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Direct debits and paying billsArticle 5 of 5 · 5 min read

When a direct debit bounces: fees, consequences and fixes

What happens when a direct debit hits an empty account in Spain: the fees from your bank and the creditor, the notices that follow, how it can end up on a solvency file, and how to limit the damage. For anyone paying bills by direct debit.

Key rules

  • Two sets of fees: Both your bank and the creditor may charge you, but the creditor can pass on costs only if your contract allows it.
  • Solvency file: An unpaid debt can be listed on a solvency file only if it is certain, due and undisputed, at least 50 euros, and you were warned first.
  • Pay fast: Paying the creditor directly and quickly is the best way to stop fees, cut-off and listing.
  • Removal: Once you pay a listed debt, you can ask for it to be removed.

The short answer

A returned receipt triggers fees on two sides: your bank and the creditor. It also triggers notices. If you leave it unpaid, it can escalate to a listing on a solvency file. Paying fast limits the damage.

What happens on the debit date

If the account has no money, your bank normally returns the receipt unpaid within a few working days and tells the creditor the reason. If you have an agreed overdraft, the bank may pay the debit from it instead. Then you pay overdraft interest and fees.

Your bank tells you about the return and any fee. The creditor then usually demands payment by email, SMS or letter. It may also present the same debit again.

What it costs

Your bank may charge a returned-receipt commission. It is set in the bank's fee schedule, usually as a fixed amount or a percentage with a minimum. Check the current figure in your bank's fee schedule.

The creditor may pass on its own bank's return costs and charge late-payment interest. It can do this only if your contract allows it and the charge reflects a real cost. Penalty fees that are out of proportion or unjustified count as abusive under consumer law, so you can challenge them.

What happens if you do not pay

Deadlines depend on your contract. Utilities usually give a notice period before cut-off, so read every notice. If the debt stays unpaid, the creditor may suspend the service, charge interest or end the contract. It may then send a formal demand or go to court.

When it can reach a solvency file

A solvency file is a list of people who owe money. The best-known one is ASNEF. A creditor can list you only if all of these are true:

  • The debt is certain, due and undisputed.
  • The debt is at least 50 euros.
  • The creditor demanded payment first.
  • The creditor warned you that non-payment may lead to listing.

If you dispute the debt, the creditor should not list it. A listing lasts at most five years from the due date. The entry must be removed once you pay.

How to limit the damage

  1. Pay the creditor directly by transfer or card as soon as you can, and keep the proof.
  2. Contact the creditor. Ask them to waive their fees and not present the debit again.
  3. If the debit will be presented again, put enough money in the account.
  4. Ask your bank to waive the return commission, especially if this is the first time.
  5. If the debt was listed, ask for removal once you have paid.

Keep every message with the creditor and the bank. The checklist and documents list below cover the details.

Timeline and deadlines

  • Your bank returns the unpaid debit and tells the creditor the reason: within a few business days of the due date

  • Your bank tells you about the return and any fee: soon after the return

  • The creditor demands payment by email, SMS or letter, and may present the debit again: after the return

  • The creditor may suspend the service, charge interest or end the contract if you still have not paid: after the notice period in your contract; utilities usually allow a notice period before cut-off

  • The creditor may send a formal demand, go to court or list the debt on a solvency file: if the debt stays unpaid

Documents you need

  • Proof of payment (transfer confirmation or card receipt) for the amount you pay the creditor directly after the return.

  • Your bank's fee schedule, to check the returned-receipt commission it charged you.

  • Your contract or the creditor's terms, to check whether late-payment interest and pass-on charges are allowed.

  • The demand for payment from the creditor (email, SMS or letter), and your other messages with the creditor.

Checklist

  • Keep the proof of payment.

  • Check the commission against your bank's fee schedule.

  • Ask for removal from the solvency file after you pay, if the debt was listed.

  • Keep a record of all your messages with the creditor and the bank.

Check the current fee with your bank's fee schedule and the creditor's terms.

What to watch out for

  • Fees on both sides: A returned receipt can bring a bank commission and the creditor's own charges and interest. Fees add up if the debit is presented again and fails again. Pay the creditor directly at once, then ask both the bank and the creditor to waive the fees.

  • Ignored notices lead to service cut-off: If you do not react to the creditor's demand, they may suspend the service, end the contract or go to court. Answer the first notice quickly and keep proof of what you paid.

  • Solvency file listing: An unpaid debt can end up on a solvency file such as ASNEF, which can make credit and renting harder. The debt must be certain, due and undisputed, at least 50 euros, and you must have been warned first. Pay promptly and ask for removal once paid. If you dispute the debt, tell the creditor in writing.

  • Unfair penalty fees: A disproportionate or unjustified penalty fee can be abusive under consumer law. Ask the creditor to explain each charge and check it against your contract.

Frequently asked questions

Can the creditor present the same direct debit again after it bounces?

Yes, the creditor may present the debit again, so make sure the account has enough money before the next attempt. If you would rather pay directly, ask the creditor not to re-present it. Each failed attempt can bring another bank fee.

Can my bank charge me if the debit is returned unpaid?

Yes, your bank may charge a returned-receipt commission, but only the amount listed in its published fee schedule. If this is the first time it has happened, ask the bank to waive the fee.

Can the creditor charge me extra when my debit bounces?

Yes, the creditor can pass on its own bank's return costs and charge late-payment interest, but only if your contract allows it and the charge reflects a real cost. A disproportionate penalty fee can be treated as abusive, so ask the creditor to explain the charge.

Is my name removed from a solvency file once I pay the debt?

Yes, the data must be removed once the debt is paid. If it is still listed after you pay, send the creditor your proof of payment and ask for removal.

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