Dear Sir and Madame,
In August, 5 2015 the Act concerning the complaint handling procedure by financial service providers and Financial Ombudsman was adopted. The act was announced in the Journal of Law in September, 10 2015.
The Act is going to enter the force in November, 11 2015.
Chapter 4 of the Act concerning the extrajudicial ways of resolving disputes between a client and financial service provider will enter the force in January, 1 2016.
According to the article 54 of this Act, Insurance Ombudsman with the day the Act enters the force becomes Financial Ombudsman.
Financial Ombudsman acting on the basis of the Act of September, 5 2015 concerning the complaints handling procedure by financial service providers and Financial Ombudsman (Journal of Law from 2015, item 1348) represents the interest of financial market clients.
The client of financial market can be defined as:
- A natural person being an insurer, insured, a beneficiary or a person entitled due to the insurance contract.
- A natural person vindicating his/her claims due to the Act of May, 22 2003 of obligatory insurance, Insurance Guarantee Found and the Polish Insurer's Bureau.
- member of pension fund or a person entitled due to Act of August 1997, concerning the organization and functioning of pension funds, participant of employee pension program, or a person entitled due to Act of April 20,2004 concerning the employee pension program, savers or a person entitled due to the Act of April 20, 2004 about individual retirement accounts and individual accounts of retirement protection, a person receiving the capital pension as determined in the Act of November, 21 2008 about capital pension.
- A natural person being a client of a bank, a member of savings and loan associations, client of financial institution, client of payment service, client of institution offering e-money service, client of credit service, client of financial institution, member of investment funds and the client of loan institution.
Financial Ombudsman is not taking actions in case of complaints submitted by commercial law companies, churches and religious institutions, Public Treasury, public administration units and offices cooperating with them, local government units, housing association, government companies, healthcare centers and other natural persons and organizational units without legal personality.
However, Financial Ombudsman can take actions on the behalf of a client of the financial market in the process of handling a complaint.
According to the regulation a complaint is a request addressed by the client to the financial service provider in which a client presents his dissatisfaction from its service.
Consequently, the complaint can be launched to the Financial Ombudsman after the financial service provider refuses to do anything reasonable to sort out the problem. First a client should follow the internal complaint procedure of a given company.
Finanical Ombudsman can be ask for help in resolving a complaint in case an insurance service provider did not respond to the complaint in a reasonable period of time or did not fulfill other obligations determined in the regulation concerning the complaint handling process ( e.g. fails to present in the insurance contract information concerning the complaint procedure or fails to provide a client with proper feedback to a complaint).
In order to make the Finanical Ombudsman handle your complaint you should submit to the Financial Ombudsman office a written complaint letter.