The banking Ombudsman

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Ombudsman-reflection

The banking Ombudsman

The settlement of consumer disputes Ordinance of 20 August 2015 provides for a reform of the banking mediation.

A decree has yet to clarify the implementation of the procedure.

Pending, this plug remains topical. Implementation end 2002, banking mediators, appointed by banks according to a defined and transparent procedure, a mediator whose competence, impartiality and independence are guaranteed, these mediators consider and seek solutions to disputes between a customer and his bank.

You can complain to the Ombudsman if you have problems about the services provided by your Bank (account agreements application, for example).

Before the Ombudsman, you must first have filed any complaints with your bank.

If no solution has been found, you can then complain to the Ombudsman.

The Ombudsman is seized by mail sent to the address provided by the Bank of France, corresponding to your bank.

The scope of competence of the Ombudsman covers:

  • All disputes related to the services provided and contracts concluded in the Bank (deposit account management, credit operations), payment services, financial instruments, investment services and operations of savings products.
  • Disputes on commercialization by a credit institution of insurance contracts related to a product or banking service.
  • Queries regarding the application of a procedure of over-indebtedness.

The Ombudsman however refuses to process applications in the following cases:

  • The dispute was discussed previously or is currently under review by another mediator or by a court.
  • The request is manifestly unfounded or abusive.
  • The application is made more than a year after a claim in writing to the Bank.
  • The claim is of another mediator.
  • The request does not specify what the target Bank.
  • Demand for the general policy of the establishment of credit, including pricing, opening or closure of account, to grant or out of credit.

Note:

the use of mediation suspends the limitation period of 2 years to take legal action.

The Ombudsman is required to respond within a period of 2 months from the referral.

The Ombudsman then issues an opinion which must allow the parties (you and your bank) to resolve the dispute.

This view is however not binding the parties, who are free to follow or not.

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