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Court of Arbitration Regulations / Ombud / Procedure |
Procedure for Reviewing the Complaints of Credit Institution Customers by the Association of Commercial Banks of Latvia Ombudsman (RULES) Approved 1. Complaints of credit institution customers shall be reviewed by the Association of Commercial Banks of Latvia Ombudsman. Appointment and dismissal of the Ombudsman, his/her remuneration and other operational issues shall be regulated by the Regulation on the Association of Commercial Banks of Latvia Ombudsman. 2. The procedure for reviewing the complaints shall be regulated by these Rules and the Regulation on the Association of Commercial Banks of Latvia Ombudsman. The issues not expressly provided for in the above-stated documents and not regulated by laws and other normative acts, shall be decided upon by the Ombudsman in the spirit hereof. Logistic support of complaint reviewing shall be provided from the funds of the BO SIA [Non-Profit Organization Limited Liability Company] “The Association of Commercial Banks of Latvia Court of Arbitration”. 3. These Rules shall only regulate reviewing of the complaints bearing all of the below-listed features: 3.1. The complaint relates to violation of the articles of the Payment rule;3.2. The complaint relates to action of a credit institution registered in Latvia; 3.3. The amount of transaction (or total amount of obviously related series of transactions) to which the complaint relates does not exceed EUR 50’000; 3.4. The complaint does not involve any document falsification; 3.5. The complaint does not involve either substantiation of pricing of credit institutions, granting, canceling or altering of credit limits, terms and conditions of credit limits and similar matters; 3.6. The customer has been applying with similar claim to the concerned credit institution, yet no satisfactory reply has been received from the credit institution during a month from submitting (mailing) of the claim; 3.7. No claim on the subject of complaint has been lodged either with the Court or Court of Arbitration; 3.8. The customer has not lodged similar complaint with the Centre for Protection of Consumer Rights; 3.9. The concerned customer has not previously submitted any complaint on the concerned subject matter to the Ombudsman; 3.10. Complaint relates to a credit institution which is not recognized as insolvent or liquidated; 3.11. The complaint relates to violation of Common Principles of the Natural Persons` Current Account Switching; 3.12. The complaint relates to violation of Regulation No.924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the Community in euro currency. 4. The complaint shall be executed in writing. It shall be addressed and submitted to the Association of Commercial Banks of Latvia Ombudsman at 9/11 Pçrses Street, Riga, LV-1011. 5. The complaint shall state: 5.1. Data about the applicant: name, surname, identity code, residence address – in case of a natural entity; full name, address, registration No - in case of a legal entity;5.2. Name of the credit institution to which the complaint relates; 5.3. Contents of the complaint and subject of claim; 5.4. Circumstances verifying the complaint. 6. The complaint shall include: 6.1. Confirmation by the applicant to the effect that he/she is familiar with these Rules and Regulation on the Association of Commercial Banks of Latvia Ombudsman;6.2. Petition of the applicant to have the complaint reviewed in accordance with the provisions hereof; 6.3. The applicant’s authorization to the credit institution to disclose to the Ombudsman the information about the applicant’s account and financial services provided to him/her, to the extent necessary for review of the complaint; 6.4. The applicant’s confirmation to the effect that no claim on the subject of complaint has been lodged with either the Court or Court of Arbitration, and that he/she has not been applying with similar complaint to the Centre for Protection of Consumer Rights. 7. The applicant shall send a copy of the complaint to the concerned credit institution. 8. All the notices and other communications shall be delivered with registered mail or otherwise, provided that the fact of delivery is fixed, or by hand delivery to the addressee against signature. Notices and communications shall be deemed received if delivered to the addressee in person or mailed to the mail address indicated by the addressee, or registered address of the legal entity, or residence address of the natural entity, or to the last known address. 9. Upon filing of the claim, the Claimant shall pay a security deposit of Ls 15.00 in the account of the Court of Arbitration of the Association of Latvian Commercial Banks. If the ombudsman leaves the claim without consideration, or if he fully or partially upholds it, the security deposit shall be refunded to the Claimant. If the ombudsman, according to these Rules, terminates or fully rejects the claim, the security deposit shall not be refunded, it shall be included in the income of the Court of Arbitration of the Association of Latvian Commercial Banks as payment for consideration of the claim as follows: 12.30 Ls - cost of service, 2.70 Ls - value-added tax, with the tax rate of 22 %. 10. The applicant shall attach the following to the complaint: 10.1. A copy of the applicant’s identity document;10.2. A copy of the complaint sent by the applicant to the concerned credit institution; 10.3. Reply (if any) of the credit institution to the complaint; 10.4. Evidences to delivery of the complaint to the credit institution, if the above-mentioned reply is missing; 10.5. Agreement which gave raise to the dispute; 10.6. The documents to which the applicant refers in his/her complaint; 10.7. A document verifying payment of the security; 10.8. A document verifying delivery of complaint copy to the credit institution. 11. If the complaint fails to meet the applicable requirements, and correction of the shortcomings established by the Ombudsman is not possible, the Ombudsman shall pass the decision to leave the complaint without reviewing. The Ombudsman shall notify the parties about his/her decision. 12. If the complaint fails to meet the applicable requirements yet the shortcomings established by the Ombudsman can be corrected, the Ombudsman shall decide to suspend the complaint and fix a period, at least a month, for correction of the shortcomings. If the shortcomings have not been corrected during the prescribed period, the complaint shall be left without reviewing. The Ombudsman shall notify the parties about his/her decision. If the failure to attach the document verifying delivery of the complaint copy to the credit institution constitutes the sole non-compliance with the Rules, the Ombudsman shall pass the decision to institute investigation of the case and sends the complaint copy to the credit institution him/herself. 13. If the complaint contains more than one demand, and the complaint in respect of any one of them fails to meet the requirements hereof, and correction of the shortcomings established by the Ombudsman is not possible, the Ombudsman shall pass decision to suspend the complaint and fix the time during which the applicant has to notify the Ombudsman whether or not he/she wants the complaint to be reviewed in the part that meets the requirements hereof. If the applicant fails to notify the Ombudsman during the said period about whether or not he/she wants the complaint to be reviewed in the part that meets the requirements hereof, the Ombudsman shall leave the complaint without considering. The Ombudsman shall notify the parties about his/her decision. 14. If the complaint contains more than one demand, and the complaint in respect of any one of them fails to meet the requirements hereof, yet the shortcomings established by the Ombudsman can be eliminated, the Ombudsman shall pass a decision to suspend the complaint and fix the period of time, minimum one month, for correction of the shortcomings. If during the said period the applicant fails to eliminate the defects and notify the Ombudsman that he/she wants the complaint to be reviewed in the part that meets the requirements hereof, the Ombudsman shall leave the complaint without considering. The Ombudsman shall notify the parties about his/her decision. 15. If the complaint meets the requirements hereof, the Ombudsman shall pass decision on instituting of the investigation. The Ombudsman shall notify the parties about his/her decision. 16. The Ombudsman shall review complaints during two months from receipt thereof. Should the above-stated period can not be observed for objective reasons, the Ombudsman may extend it by maximum six months from receipt of the complaint. If establishing of facts requires a longer period, the ombudsman may by motivated decision extend the complaint review period to one year from receipt of the complaint, and notify the parties about it. 17. Upon receipt of the Ombudsman’s decision on instituting of investigation, the credit institution shall be entitled to submit to the Ombudsman explanations to the complaint within 10 business days. The credit institution may ask the Ombudsman to extend the period for submitting of explanations. The credit institution may support its explanations with copies of the documents relevant to review of the complaint. 18. Prior to reviewing the materials of the case, the Ombudsman shall determine whether or not materials of the case are sufficient to decide on the merits of the complaint. If the Ombudsman finds that any additional information is required, the Ombudsman shall obtain it by all legal means. The Ombudsman may reject the supplied information if he/she finds it unnecessary or irrelevant, or available in an easier and cheaper way by any other means. 19. Both the parties shall be entitled to familiarize themselves with the investigation and submit any arguments, information and evidences relevant to the case prior to passing of the final decision. 20. Before hearing of the complaint on its merits commences, the applicant shall be entitled to withdraw the complaint. If this is the case, the Ombudsman shall pass decision on termination of the case. The Ombudsman shall notify the parties about his/her decision. 21. If the Ombudsman finds materials of the case to be sufficient to review the complaint on its merits, he/she shall fix the time for hearing of the complaint, and notify the parties about it. 22. Hearing of the complaint shall be closed, with participation of the Ombudsman, the parties and representatives of the parties. 23. The parties present at the hearing shall identify themselves by passports, identity cards issued by the Citizenship and Immigration Board or the Ministry of Foreign Affairs, or driver’s license. 24. Absence of a party shall not prevent hearing of the complaint. 25. Hearing of complaint shall take place in the official language. It may take place in Russian at the applicant’s request. If any participant of the proceedings is not fluent in the language of proceedings, the Ombudsman shall engage an interpreter. The Ombudsman shall determine the procedure for remuneration of the interpreter’s services. 26. The purpose of hearing of the complaint shall be establishing of the objective truth. The Ombudsman shall not be restricted by the principle of the parties’ contest. 27. The Ombudsman shall determine, prior to hearing of the complaint, whether or not the parties have agreed on the laws and other normative acts, or business traditions applicable to discussion of their mutual relations. If no agreement has been reached, or if the Ombudsman has invalidated it, the laws and other normative acts applicable to legal relations between the parties shall be determined in accordance with the provisions of Civil Law. 28. The Ombudsman may interrupt hearing of the complaint or request additional information if he/she finds it necessary. 29. If the Ombudsman determines, upon hearing of the complaint on its merits, that the complaint fails to meet the requirements hereof, and elimination of the established shortcomings is not possible, the Ombudsman shall pass decision to terminate the case. If the shortcomings established by the Ombudsman can be eliminated, the Ombudsman hall pass decision to suspend hearing of the case and fix a period, minimum one month, for elimination of the shortcomings. If the shortcomings have not been eliminated during the prescribed period, the Ombudsman shall pass decision to terminate the case. The Ombudsman shall notify the parties about his/her decision. 30. When hearing of the complaint on its merits has been completed, the Ombudsman shall pass a decision of a recommending nature. The decision shall consist of preamble, motivation part and resolution part. The preamble shall state the name of decision-making institution, number of the case, name and surname of the Ombudsman, names and surnames of representatives of the parties, date and place of decision-making. The motivation part shall state the circumstances established by the Ombudsman and constituting grounds of his/her decision, as well as laws and other normative acts the Ombudsman has been guided by. If the Ombudsman finds that the credit institutions’ reply to the original complaint has been correct and duly motivated, he/she can make reference to the corresponding reply of the credit institution, instead of specifying the motives of his/her decision. The resolution part shall state the party in whose favour the dispute has been settled, and the party who has to pay any amounts or take any actions; the due amount, payment maturity date as well as the Ombudsman’s decision in respect of security. 31. Decision of the Ombudsman shall be executed in writing, and it shall come into effect upon passing. The decision may be executed in any number of copies to ensure that one party has a copy, one copy is filed and one copy is kept in the Ombudsman’s archives. 32. The original documents contained in the case may be returned at the request of the submitting party, and copies thereof shall be filed in the case. 33. Either of the Parties may ask the Ombudsman, subject to notification of the other party, prior to enforcement of the decision: 33.1. To correct any calculation errors, grammatical or printing errors found in the decision. The Ombudsman may also correct such errors at his/her own initiative;33.2. To clarify the decision. The Ombudsman shall determine whether or not presence of the parties is necessary upon deciding on the matters. |