New regulations regarding complaints consideration by banks have come into force. The financial ombudsman institution has also been established. I am an economic operator. May I use the help of the ombudsman?
Yes, but only if you are a sole trader.
The Act on Consideration of Complaints by Entities in the Financial Market and on the Financial Ombudsman which came into effect on 11 October 2015 regulates the resolution of disputes between institutions such as banks, saving and credit unions or insurers and their customers. Article 2 defines a customer as a natural person. Thus, the term “consumer” which is narrower than the term “natural person” has not been used. While a consumer is only a person not engaged in business activity who enters into contracts in the financial market in order to satisfy their private needs, the term “natural person” refers both to a consumer and a sole trader who uses the services of banks or saving and credit unions both as a private person and an economic operator.
This interpretation of the regulations is confirmed by experts. “The Act comprehensively regulates the procedure for lodging complaints with statutorily defined entities in the financial market by natural persons, also in connection with their business activity,” explained Agnieszka Skork, attorney from FKA Furtek Komosa Aleksandrowicz Law Firm.
Therefore, a person registered in the CEIDG as a sole trader may take advantage of the new provisions.
The ombudsman will conduct proceedings consisting in resolving disputes between financial institutions and their customers. This is a new way of reaching an amicable settlement in such cases. The customer may apply for instituting proceedings after exhausting the complaint procedure and paying a fee of PLN 50. After analysing the documents the ombudsman will suggest a solution to the parties. If the parties fail to accept the proposal, the ombudsman will drawn up a record and an opinion.
“The record is an official document within the meaning of the Code of Civil Procedure. Unlike the record, the opinion will not have this status. However, it will contain a legal assessment and courts considering potential disputes will have access to it. Although these documents will not form the basis of the adjudication, they may affect the practice of the courts,” explained Agnieszka Skrok.
Legal basis
Article 1, Article 2 clause 1, Articles 35-41 of the Act on Consideration of Complaints by Entities in the Financial Market and on the Financial Ombudsman of 5 August 2015 (Journal of Laws of 201, item 1348).