Filing Complaints Against Portuguese Banks: Step-by-Step Guide

Understanding Your Legal Rights Before Complaining

Effective complaints require understanding what banks can and cannot legally refuse. Portuguese and EU banking regulations create narrow grounds for account refusal, with enforcement mechanisms compelling compliance when banks exceed legal authority.

Under EU Directive 2014/92/EU Article 16, banks can refuse basic payment accounts only for four specific reasons: applicant already holds similar payment account in Portugal, applicant provided false information, applicant involved in money laundering or terrorist financing, or applicant subject to EU restrictive measures. All other refusal grounds violate EU law and Portuguese consumer protection regulations.

For standard accounts beyond basic payment accounts, banks maintain broader discretion but cannot discriminate based on nationality (within EU), residence location (within EU), unemployment, or income level. These protections derive from Articles 15-16 of Directive 2014/92/EU, transposed into Portuguese law through Decreto-Lei 27-C/2000 as amended by Law 44/2020.

Before filing complaints, verify your situation falls within protected categories. EU legal residents refused basic accounts have the strongest enforcement position. Non-EU nationals or applicants seeking premium accounts face more limited protections but can still challenge procedural violations, lack of written refusal grounds, or failure to meet 10-day decision timelines.

Three-Level Enforcement Framework

Portuguese banking complaints follow escalating enforcement levels, each with specific timelines, procedures, and outcomes.

Level 1: Livro de Reclamações (Complaint Book)

The Livro de Reclamações represents Portugal's consumer protection cornerstone. All banks must maintain physical complaint books in branches and digital versions online. Filing triggers automatic institutional notification and mandatory 15-day response requirements under Decreto-Lei 56/2021.

When to Use: First response to any banking violation. Use immediately when banks refuse accounts without written grounds, miss 10-day decision deadlines, or violate specific regulatory requirements.

Expected Outcome: Institutional review and response within 15 business days. Banks often reverse decisions at this stage to avoid regulatory escalation. Approximately 60-70% of complaints resolve at institution level.

Limitations: Banks provide responses but no external enforcement. If bank maintains refusal despite Livro complaint, escalation to Banco de Portugal becomes necessary.

Level 2: Banco de Portugal Complaint

Banco de Portugal regulatory complaints trigger formal investigations with potential sanctions, corrective orders, and institutional penalties. The central bank investigates violations of Portuguese banking law, consumer protection regulations, and EU Directive implementation.

When to Use: When Livro de Reclamações produces unsatisfactory response, banks systematically violate regulations affecting multiple customers, or immediate regulatory intervention required for serious violations.

Expected Outcome: Investigation completion within 30 business days. Banco de Portugal can issue corrective orders compelling specific actions (account opening, fee refunds), impose administrative penalties, or refer to criminal proceedings for serious violations.

Enforcement Power: Sanctions reach €5 million for individual violations or 10% annual turnover for institutional infractions under Law 83/2017. Public disclosure of violations and penalties damages institutional reputation, creating additional compliance incentive.

Level 3: Court Proceedings

Legal action through Portuguese courts represents final enforcement mechanism for unresolved disputes, contractual disagreements, or seeking damages beyond regulatory remedies.

When to Use: When Banco de Portugal investigation produces unsatisfactory outcome, seeking financial damages beyond administrative remedies, or contesting bank decisions involving contractual interpretation requiring judicial resolution.

Expected Outcome: Court timelines vary significantly (6 months to 2+ years). Legal representation strongly recommended. Success rates depend heavily on documentation quality and legal framework violations.

Cost Considerations: Court costs, legal fees, and time investments substantial. Exhaust administrative remedies (Livro, Banco de Portugal) before pursuing litigation unless urgent circumstances require immediate judicial intervention.

Step-by-Step: Filing Livro de Reclamações Complaint

Online Livro de Reclamações Process

Portugal's digital complaint system allows filing from anywhere with internet access:

1. Access Portal: Visit Livro de Reclamações online at livroreclamacoes.pt

2. Select Entity Type: Choose "Banks and Other Credit Institutions"

3. Identify Institution: Select specific bank from dropdown menu (CGD, Millennium BCP, Novo Banco, Santander, etc.)

4. Provide Contact Information:

   • Full name (as shown on ID)
   • Portuguese NIF (tax identification number)
   • Email address for notifications
   • Phone number (optional but recommended)
   • Portuguese address (if available; foreign address accepted for EU residents)

5. Describe Violation: Write complaint in Portuguese or English. Include:

   • Date of incident (account refusal date, decision communication date)
   • Branch location or online channel
   • Specific violation (refused basic account, no written refusal grounds, missed 10-day deadline)
   • Legal basis violated (cite EU Directive 2014/92/EU Article 16 for basic accounts)
   • Requested resolution (account opening, written refusal grounds, fee refund)

6. Attach Documentation:

   • Application submission proof
   • Communication from bank (emails, letters)
   • Required documentation you provided (passport copy, NIF, address proof)
   • Timeline showing 10-day deadline exceeded (if applicable)

7. Submit and Save Confirmation: System generates complaint reference number. Save this number for tracking and future reference. Bank receives automatic notification.

Physical Livro de Reclamações (In-Branch)

All bank branches must maintain physical complaint books by law:

1. Request Complaint Book: Ask bank staff "Quero o Livro de Reclamações, por favor" (I want the complaint book, please). Staff must provide immediately - refusal violates Portuguese law.

2. Complete Form: Physical books contain triplicate forms (one copy for you, one for institution, one for authorities). Complete in Portuguese if possible; English accepted.

3. Write Detailed Complaint: Include same information as online version. Write legibly; copies must remain readable.

4. Receive Your Copy: Keep pink copy showing complaint submission date and reference number.

5. Authorities Receive Notification: Regulatory authorities automatically notified when physical book used. Bank must respond within 15 days.

Complaint Writing Template

Use this template structure for maximum effectiveness:

Subject Line: Complaint Regarding [Specific Issue] - [Your Name] - [Date]

Opening Paragraph:
"I am writing to formally complain about [specific violation] that occurred on [date] at [branch location/online channel]. I am a [nationality] citizen with legal residence in [location], holding Portuguese NIF [number]."

Violation Description:
"On [date], I applied for a basic payment account at [bank name]. The bank [refused my application / failed to provide written grounds / exceeded 10-day decision deadline / other specific violation]. This action violates [specific law: EU Directive 2014/92/EU Article 16 / Decreto-Lei 27-C/2000 / Portuguese consumer protection regulations]."

Legal Framework Citation:
"Under EU Directive 2014/92/EU Article 16, basic payment accounts can only be refused for: already holding similar account, providing false information, money laundering involvement, or EU restrictive measures. None of these grounds apply to my situation. [If applicable: The bank refused based on [employment status / nationality / income level], which explicitly violates Article 15-16 non-discrimination provisions.]"

Requested Resolution:
"I request [specific action: immediate basic account opening / written explanation of refusal grounds citing specific legal basis / fee refund / other remedy]. I expect response within 15 business days as required by Decreto-Lei 56/2021."

Closing:
"If this matter remains unresolved, I will escalate to Banco de Portugal for regulatory investigation and potential sanctions. [Your signature/name] [Date] [Contact information]"

Step-by-Step: Direct Banco de Portugal Complaint

When to Escalate to Banco de Portugal

Skip Livro de Reclamações and file directly with Banco de Portugal when:

• Bank provided unsatisfactory response to Livro complaint
• Systematic violations affecting multiple customers (observed through expat forums, community reports)
• Serious regulatory breaches requiring immediate investigation
• Bank refused to provide Livro de Reclamações or obstructed complaint filing

Online Banco de Portugal Complaint Process

1. Access Banco de Portugal Client Portal: Visit clientebancario.bportugal.pt/en

2. Navigate to Complaints: Select "Complaints" from main menu

3. Choose Complaint Type:

   • "Account opening refusal" for basic account violations
   • "Discrimination" for nationality/employment refusals
   • "Lack of information" for missing written grounds
   • "Other banking services" for general violations

4. Provide Detailed Information:

   • Your identification (name, NIF, nationality, residence status)
   • Bank identification (institution name, branch location, staff involved)
   • Violation description (detailed chronology with dates)
   • Prior complaints (Livro reference number if applicable)
   • Legal framework violated (cite specific articles)
   • Documentation (attach all supporting evidence)

5. Submit and Track: System generates complaint reference number. Track investigation progress through portal. Banco de Portugal investigates within 30 business days.

Complaint Content for Banco de Portugal

Banco de Portugal complaints require more formal legal framework citations than Livro complaints:

Structure Your Complaint:

I. Complainant Information

• Full identification
• Portuguese NIF
• EU legal residence status (if applicable - strengthens discrimination claims)
• Contact information

II. Respondent Institution

• Bank name and branch
• Staff members involved (names if known)
• Dates of interactions

III. Factual Background

• Chronological account of events
• Application submission date
• Documentation provided
• Bank response (or lack thereof)
• Timeline violations (10-day decision deadline exceeded)

IV. Legal Violations

• Specific EU Directive articles violated
• Portuguese law violations (Decreto-Lei citations)
• Consumer protection regulation breaches
• Prior complaint outcomes (Livro response)

V. Evidence Attached

• Application proof
• Documentation provided to bank
• Bank communications (emails, letters, phone records)
• Livro de Reclamações submission and response
• Timeline showing deadline violations

VI. Requested Relief

• Specific remedy sought (account opening, fee refund, sanctions)
• Legal basis for remedy
• Timeframe expectations

Alternative Dispute Resolution (ADR)

Banco de Portugal offers alternative dispute resolution for banking disputes not requiring regulatory investigation. ADR provides faster resolution (target 90 days) through mediation rather than adversarial proceedings.

When to Use ADR: Contractual disputes, fee disagreements, service quality complaints, or situations where both parties willing to negotiate resolution.

Process: Submit ADR request through Banco de Portugal portal. Independent mediator facilitates negotiation. Both parties voluntarily agree to participate and can withdraw at any time. Outcomes non-binding unless both parties accept proposed resolution.

Limitations: Not suitable for systematic regulatory violations requiring sanctions, clear legal violations requiring enforcement, or situations where banks refuse participation.

Timelines and Bank Obligations

Understanding enforcement timelines helps set realistic expectations and identify when banks violate procedural requirements:

Account Application Decision Timeline

10 Business Days: Banks must decide basic payment account applications within 10 working days of receiving complete documentation. Decision must be communicated in writing whether approval or refusal.

Violation: Exceeding 10-day deadline without written communication violates Decreto-Lei 27-C/2000. This procedural violation strengthens complaints regardless of ultimate decision.

What Counts as "Complete Documentation": Passport or EU national ID, Portuguese NIF, proof of address. Banks cannot delay decisions claiming incomplete documentation when these three items provided.

Written Refusal Requirements

Immediate Obligation: If refusing account, banks must provide written refusal specifying:

• Specific legal ground for refusal (one of four permitted grounds under Article 16)
• Factual basis supporting legal ground
• Complaint procedure information (Livro de Reclamações, Banco de Portugal)
• Contact information for further inquiries

Violation: Verbal refusals, vague written refusals not citing specific legal grounds, or failure to inform of complaint procedures all violate consumer protection regulations.

Livro de Reclamações Response Timeline

15 Business Days: Institutions must respond to Livro complaints within 15 working days. Response must address specific allegations and provide resolution or explanation.

Violation: Missing 15-day deadline triggers additional procedural violation strengthening subsequent Banco de Portugal complaints.

Banco de Portugal Investigation Timeline

30 Business Days: Banco de Portugal targets 30-business-day investigation completion for straightforward complaints. Complex cases involving multiple customers or systematic violations may extend longer.

Process: Investigation includes document review, bank inquiry, evidence evaluation, and determination of violation occurrence and appropriate sanctions.

Penalty Framework: What Banks Risk

Understanding enforcement power helps explain why complaints often succeed—banks face substantial penalties for violations.

Administrative Penalties

Individual Violations: Up to €5 million per violation under Law 83/2017. Applied for serious individual breaches: discriminatory refusals, systematic procedural violations, consumer protection law infringements.

Institutional Violations: Up to 10% of annual turnover for institutional infractions affecting multiple customers or demonstrating systematic non-compliance with regulatory frameworks.

Cumulative Penalties: Multiple violations result in cumulative sanctions. Bank refusing 50 basic accounts illegally faces potential €250 million in maximum penalties (€5M × 50), though actual sanctions typically proportionate to violation severity and institutional size.

Corrective Orders

Beyond financial penalties, Banco de Portugal issues corrective orders compelling specific actions:

• Compelled Account Opening: Banks ordered to open previously refused accounts meeting legal criteria
• Fee Refunds: Institutions ordered to refund excessive fees, charges for services included in basic accounts, or fees exceeding legal caps
• Procedural Corrections: Banks required to implement proper decision procedures, train staff on legal requirements, or establish compliant processes
• Public Disclosure: Serious violations result in public disclosure on Banco de Portugal website, damaging institutional reputation

Reputation Damage

Portuguese and EU regulatory frameworks require transparency in enforcement actions. Banks found violating consumer protections face:

• Public disclosure on Banco de Portugal website
• Media coverage of significant penalties
• Consumer awareness reducing customer acquisition
• Due diligence issues for institutional investors
• Compliance failures affecting credit ratings

This reputation risk often motivates banks to settle complaints at Livro de Reclamações stage rather than risk Banco de Portugal investigation and potential public sanctions.

Common Complaint Scenarios and Success Rates

Scenario 1: Basic Account Refused Due to Unemployment

Legal Framework: EU Directive 2014/92/EU Article 16 explicitly prohibits refusing basic accounts based on employment status.

Success Rate: Very High (90%+)

Strategy: File Livro de Reclamações citing Article 16. If unsuccessful, escalate to Banco de Portugal with discrimination claim. Case law and regulatory practice strongly favor applicants.

Template Language: "The bank refused my basic payment account application citing unemployment. Under EU Directive 2014/92/EU Article 16, unemployment cannot constitute grounds for basic account refusal. I request immediate account opening."

Scenario 2: No Written Refusal Grounds Provided

Legal Framework: Decreto-Lei 27-C/2000 requires written refusal with specific legal grounds, factual basis, and complaint procedure information.

Success Rate: High (80%+)

Strategy: File Livro de Reclamações requesting written refusal citing specific legal grounds. Banks often reverse decisions rather than document potentially illegal refusal grounds in writing.

Template Language: "The bank refused my account application on [date] without providing written grounds as required by Decreto-Lei 27-C/2000. I request either immediate account opening or written refusal citing specific legal basis under EU Directive 2014/92/EU Article 16."

Scenario 3: 10-Day Decision Deadline Exceeded

Legal Framework: Decreto-Lei 27-C/2000 establishes 10-working-day maximum for basic account decisions.

Success Rate: High (75%+)

Strategy: Document timeline showing deadline violation. File Livro or Banco de Portugal complaint emphasizing procedural violation alongside substantive refusal grounds (if any).

Template Language: "I submitted complete basic payment account documentation on [date]. As of [current date], [X] business days have elapsed without written decision, violating the 10-working-day requirement under Decreto-Lei 27-C/2000."

Scenario 4: Portuguese Address Required for EU Resident

Legal Framework: EU Directive 2014/92/EU Article 15 prohibits discrimination based on residence location for EU legal residents.

Success Rate: Very High (85%+)

Strategy: Emphasize EU legal resident status. Cite Article 15 non-discrimination provisions. Provide EU residence proof (rental contract, utility bill from EU location).

Template Language: "The bank refused my basic payment account application requiring Portuguese address. As an EU legal resident under EU Directive 2014/92/EU Article 15, I cannot be discriminated against based on residence location within the EU. I request immediate account opening."

Scenario 5: Income Proof Required for Basic Account

Legal Framework: Basic payment accounts cannot require income proof beyond standard identification documentation.

Success Rate: Very High (90%+)

Strategy: Distinguish basic account rights from standard account discretion. Cite that only passport/ID, NIF, and address proof legally required for basic accounts.

Template Language: "The bank requested income proof for basic payment account application. Basic accounts require only identification, NIF, and address proof under EU Directive 2014/92/EU. I request immediate account opening with only legally mandated documentation."

Documentation: Building Your Evidence File

Strong complaints require comprehensive documentation. Gather and organize:

Essential Documents

1. Identification Documents: Passport or EU national ID copy (proving identity and nationality)

2. Portuguese NIF Documentation: NIF certificate or tax office letter (proving NIF assignment)

3. Address Proof: Rental contract, utility bill, or official correspondence under 3 months (proving residence)

4. Application Submission Proof:

   • Email confirmations
   • Online application screenshots with timestamps
   • In-branch application receipts
   • Branch visit photos (if applicable)

5. Bank Communications:

   • Refusal emails or letters
   • Staff conversation notes (names, dates, specific statements)
   • Phone call records (dates, times, durations, key points)

6. Timeline Documentation:

   • Calendar showing application date
   • Date written decision received (if any)
   • Business day count showing 10-day deadline violation

Organizing Your Evidence

Create digital folder structure:

• /identification/ - Passport, ID, NIF
• /address_proof/ - Rental contract, utilities, official letters
• /application/ - Submission proof, screenshots, receipts
• /bank_communications/ - Emails, letters, call notes
• /timeline/ - Dated documentation showing process progression
• /complaints/ - Livro submissions, Banco de Portugal filings

Number documents chronologically (01-application-submission.pdf, 02-bank-response.pdf, etc.) enabling easy reference in complaints: "See Document 03 showing refusal without legal grounds."

Creating Effective Timeline Documentation

Visual timelines strengthen complaints by clearly showing deadline violations:

Example Timeline Format:

• Day 0 (March 1): Submitted complete basic account application
• Day 5 (March 8): Bank requested additional income documentation (not legally required)
• Day 12 (March 15): 10-working-day deadline passed without decision (violation)
• Day 18 (March 22): Filed Livro de Reclamações complaint
• Day 35 (April 10): 15-day response deadline passed without reply (violation)
• Day 37 (April 12): Filed Banco de Portugal complaint

This format immediately shows multiple procedural violations strengthening regulatory investigation likelihood and sanction severity.

After Filing: What to Expect

Livro de Reclamações Response

Within 15 Days: Institution reviews complaint and provides written response through:

• Email to address provided
• Online portal notification (if filed digitally)
• Physical letter (if filed in-branch)

Possible Outcomes:

1. Account Approved: Bank reverses decision and opens account (most favorable)
2. Detailed Explanation: Bank provides specific legal grounds for refusal with factual basis (rare for legitimate refusals)
3. Inadequate Response: Vague explanation without legal citations (common - signals weakness)
4. No Response: 15-day deadline passes without reply (additional violation)

If Unsatisfied: Proceed immediately to Banco de Portugal complaint. Include Livro reference number and bank's response (or note lack of response).

Banco de Portugal Investigation

Investigation Steps:

1. Acknowledgment (3-5 days): Banco de Portugal confirms complaint receipt and assigns reference number
2. Bank Inquiry (10 days): Bank required to provide detailed response explaining actions
3. Evidence Review (10-15 days): Investigators analyze documentation from both parties
4. Determination (5-7 days): Banco de Portugal issues findings: violation occurred or not
5. Sanctions/Orders (if applicable): Penalties imposed, corrective orders issued

Possible Outcomes:

• In Your Favor: Bank ordered to open account, refund fees, or implement procedural corrections. Potential sanctions imposed on institution.
• Insufficient Evidence: Banco de Portugal determines insufficient proof of violation. Consider whether gathering additional evidence or legal consultation warranted.
• No Violation Found: Banco de Portugal determines bank actions legally compliant. Consider whether appeal or legal action appropriate.

Appeals and Further Action

If Banco de Portugal investigation outcome unsatisfactory:

Appeal Within Banco de Portugal: Request investigation review citing new evidence, procedural errors, or legal interpretation disagreements. Appeals rarely succeed without substantial new information.

Legal Action: File lawsuit in Portuguese civil courts seeking:

• Compelled account opening
• Damages for discrimination or regulatory violations
• Court costs and legal fees
• Public acknowledgment of wrongdoing

EU-Level Complaints: For cross-border discrimination or EU Directive violations, file complaints with European Commission or European Banking Authority. These investigations move slowly but address systematic compliance failures.

Success Stories and Community Support

Expatriate communities report significant success using these complaint procedures:

Common Success Pattern: Bank initially refuses basic account citing employment or nationality. Applicant files Livro de Reclamações citing EU Directive 2014/92/EU Articles 15-16. Bank reverses decision within 15 days, opening account without further requirements.

Escalation Success: When banks maintain refusal after Livro complaints, Banco de Portugal investigations typically find violations. Regulatory pressure combined with potential €5M sanctions motivates compliance.

Community Resources:

• Portugal expat forums (Reddit r/portugal, r/expats) share complaint experiences and outcomes
• Facebook expat groups provide template letters and success stories
• Consumer protection organizations offer guidance and advocacy
• Legal aid services assist with complex cases requiring representation

Document your experience and share with expat communities. Each success story emboldens others to exercise legal rights rather than accepting discriminatory bank practices.

Prevention: Avoiding the Need for Complaints

Understanding legal rights prevents many complaint situations:

Know Your Rights: Review our Portugal Banking Rights for Expats Guide before approaching banks. Understanding EU Directive protections enables confident assertion of rights during initial applications.

Request Basic Accounts Explicitly: When applying, state clearly: "I am applying for a basic payment account under EU Directive 2014/92/EU." This signals legal awareness and often prompts different treatment.

Document Everything: Maintain records of all interactions. Banks behave more carefully when applicants document conversations, take photos of branches, and request written confirmations.

Bring Legal Citations: Print relevant EU Directive articles and Portuguese law citations. Physical documentation demonstrates seriousness and legal preparation, discouraging illegal refusals.

Use Multiple Branches: If one branch refuses, try another branch of same bank. Branch-by-branch inconsistency means different staff may approve identical applications. Our research shows CGD, Novo Banco, and some Millennium BCP branches more reliable than others.

Consider Digital Banks: If traditional banks prove difficult, digital banks (N26, Revolut, ActivoBank) offer remote opening in approximately 8 minutes.

Getting Legal Assistance

Most banking complaints resolve through administrative procedures without legal representation. However, certain situations benefit from professional assistance:

When to Consider Lawyers:

• Banco de Portugal investigation unfavorable despite strong evidence
• Seeking damages beyond account opening or fee refunds
• Systematic discrimination affecting multiple applicants requiring class action
• Complex jurisdictional questions (cross-border issues, multiple violations)
• Time constraints requiring expedited court proceedings

Finding Legal Help:

• Portuguese Bar Association (Ordem dos Advogados) lawyer referral service
• Consumer protection legal aid organizations
• Expatriate-focused law firms specializing in banking discrimination
• EU citizen helplines (SOLVIT network) for cross-border discrimination

Cost Considerations: Initial consultations often free or low-cost (€50-100). Full representation expensive (€1,500-5,000+). Weigh potential recovery against legal costs. Most basic account discrimination cases resolve administratively without lawyers.

Final Thoughts: Persistence Pays

Portuguese and EU banking regulations provide strong consumer protections, but enforcement requires active exercise of rights. Banks violate these protections frequently because most customers accept refusals rather than filing complaints.

Your complaint serves dual purposes: resolving your individual situation and improving banking access for the broader expatriate community. Each Livro de Reclamações filing, Banco de Portugal investigation, and penalty imposed creates institutional learning. Banks that face regular complaints and sanctions modify policies to comply with legal requirements.

The enforcement mechanisms work—15-day response requirements, 30-day investigations, €5 million penalties, and corrective orders compelling compliance. Use these tools. Document violations, cite specific legal frameworks, and persist through escalation levels when necessary.