Banking litigation: what to do?

 

Meet your usual contact

Ask to meet your usual contact must be the first reflex in case of dissatisfaction on one of your services Bank

Ask to see the Director of the Agency

Sometimes, for example to blow up fees, only the Director can do (case in the agricultural credit Bank), but you are not necessarily obliged to meet him in this case.

Mail

If maintenance did not or could not be obtained, write to the Director of the agency recommended with AR to express your demands.

Customer service

If you did not get a satisfactory answer or not answer within a reasonable time (a fortnight), write in recommended with AR to the Customer Service Department of the bank customer service has 1 month to answer you.

The banking Ombudsman

If the dispute has not been resolved by Customer Service, enter by mail recommended with AR the mediator of your Bank (see below: what is the role of the Ombudsman) which will examine the merits or not of your request, the Ombudsman has two months to respond.

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. CF https://www.service-public.fr/particuliers/vosdroits/F3050
• Attention to insurance including housing: the Ombudsman issues a notice in an average between 3 and 6 months. The scope of this notice is specified in the insurance contract.  CF https://www.service-public.fr/particuliers/vosdroits/F20523

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.

• Monetary and financial code: article L316 – 1 entry of the banking Ombudsman

Important: Any claim must be accompanied by supporting documents necessary for his study.

In the event of non-compliance in the face of banking practice

If your Bank Ombudsman does not suite or you think that its position is not consistent with good banking practice, you can contact the Service for the protection of the customer which is a Department of the authority of prudential and resolution (PTA) whose mission is to control the business practices of banks and insurance companies in application of article L. 612 – 1 of the Code of monetary and financial.

 

Last resort, justice

When other legal remedies have failed to reach an agreement, you can still take the case to court. The competent court will depend on the case.

Which court to enter?

Jurisdiction depends on the amounts involved in the dispute.

• For a less than €4,000 dispute, it is the judge of proximity.
• In a dispute between €4,000 and €10,000, it is the District Court (TI).
• For a greater than €10,000 dispute, it is the High Court (TGI).

You can enter the jurisdiction to which depends on your home or, if the dispute is related to an accident, the place where the accident happened.

For example, if you live in Paris and had an accident in Metz, you can enter the tribunal of Paris or Metz.

Need a lawyer?

You must be represented by a lawyer if the case concerns a dispute of more than €10,000. So the price soon starts to climb, the loser can ask to pay the winner's lawyer.

In other cases, when the case is tried by a judge of proximity or a TI, a lawyer is not mandatory.

Limitation period

 

• The period of limitation in respect of insurance and banking (actually in service provided by professionals to individuals cf ordnancement of 2008) is 2 years from the date of the event giving rise to the dispute.
• This period may be extended by the appointment of an expert or by a registered letter with acknowledgement of receipt.
• This period is extended to 10 years for appeals for compensation for injury.

The limitation period is counted from the day where the holder of a right has been or ought to have known the facts allowing him to exercise and to bring an action for compensation for the damage, whether in first instance, appeal and cassation.

 

 

 

 

Sources:

service – public.fr