The Rules of the Procedure before the Bank Ombudsman

Part I

The general rules

§ 1

  1. These Rules are applicable in arbitrating by the Bank Ombudsman, who operates in the (associated by the) Polish Bank Association,disputes between consumers and banks in the scope of financial claims not executed or executed improperly by bank or other financial activities undertaken in favour of the client.
  2. For the purpose of these Rules consumer means a natural person making transaction with bank in purpose not strictly connected with economic activity.

§ 2

1. The object of the procedure before the Bank Ombudsman refers only to the disputes between consumers and banks, which are members of the Polish Bank Association, on the condition that claims are with an effect starting from 1st July 2001 and the value of the claim does not exceed 8.000 PLN (ca. 2.000 euro)

2. The object of the procedure before the Bank Ombudsman may refer also to the disputes between consumers and banks which are not members of the Polish Bank Association, provided that those banks have made a declaration of approval and enforcement of the Bank Ombudsman’s awards.

3. The value of dispute does not include interestand other costs which are pursued with the primary claim.

4. If there is anumber of claims pursued jointly, their values are added up.

§ 3

  1. The object of the procedure before the Bank Ombudsman does not include cases connected with the State Treasury services; in particular credits subsidized with the budgetary funds.
  2. The procedure before the Bank Ombudsmanshall not be regarded as the procedure before the permanent court of arbitration within the meaning of the provisions of the civil proceedings code.

§ 4

The arbitrating body is the Bank Ombudsman, elected by the resolution of the Board of the Polish Bank Association.

§ 5

  1. The term of office of the Bank Ombudsman shall last 4 years
  2. Only a person who meets inclusively the following requirements may be appointed to the position of the Bank Ombudsman:

1) he/she is a Polish citizen permanently residing within the territory of the Republic of Poland,

2) he/she for at least three years sat as a judge, legal adviser or an advocate

3)he/she is known for outstanding moral principles,

4) He/she enjoys full public rights

3. Prior to assuming his/her duties, the Bank Ombudsman shall take the following oath before the Board of the Polish Bank Association:

"Assuming the post of the Bank Ombudsman I hereby solemnly swear to safeguard the law and to arbitrate impartially disputes between consumers and banks."

4. The term of office of the Bank Ombudsman shall expire after:

1) 4 years term of office

2) his/her death

3) his/her resignation ,

4) his/her dismissal

5. Dismissal of the Bank Ombudsman is possible only in case of:

1) being sentenced pursuant to a valid court judgement for committing a crime.,

2) becoming permanently unable to perform his/her duties due to an illness,

6. Rules of arbitrating by the Bank Ombudsman are applicable to The Deputy Bank Ombudsman

§ 6

There is an Office of the Bank Ombudsmanacting for the Bank Ombudsman.

§ 7

  1. The seat of the Bank Ombudsman is placed in Warsaw.
  2. The Bank Ombudsman uses a round stamp which consist of: name and surname of the Bank Ombudsman, indication ,,The Bank Ombudsman in the Polish Bank Association” and indication of its seat.
  3. The Bank Ombudsman uses also an elongated stamp with the indication of: address, telephone numbers, fax number and e–mail address.

Part II

The beginning of the procedure.

§ 8

1.The procedure starts on the request of the consumer

2.The application with all appendixes and pleadings which are submitted to the Bank Ombudsman should be made in a written form

§ 9

  1. The application for starting the the procedure before the Bank Ombudsman should consist of:
  • precise indication of the consumer (name, surname, address of the habitual residence, address for service. It is also properly to indicate: phone number, fax numberore-mail address,
  • precise indication of the bank (name, branch and address of its seat),
  • precise indication of the claim, its short substantiation, eventually indication of documentary evidences, which should be enclosed to the request,
  • indication of the value of the claim.

2. The application should be also provided with the document which confirms the completion of the complaint procedure in the bank, to which the request apply or with the statement of the consumer that there was no reply from the bank to the claim (letter of complaint) within the 30 days term. Ifsuch document or such statement is not provided, theapplication shall be rejected.

§ 10

1.The application for starting the procedure before the Bank Ombudsman may be fileddirectly by the consumer itself or by its legal representative in the Office of the Bank Ombudsman or may be send by the post on the Bank Ombudsman’s address

2.The consumer shall file an applicationwith the lump sum fee – PLN 50.00 (ca. Euro 12.50) paid by bank order.

3.If the value of the dispute is lower than PLN 50.00 the fee is reduced to PLN 20.00 (ca. Euro 5.00).

4.The Bank Ombudsman does not take any actions till the fee is paid.

5.The Bank Ombudsman may call on the consumer to complete the application or its appendixes.

6. The unpaid application is rejected.

Part III

The arbitrating procedure before the Bank Ombudsman

§ 11

If the application is paid with the fee mentioned in § 10 item 2 and 3, the Bank Ombudsman decides whether to start the procedure or to return the application.

§ 12

  1. The Bank Ombudsman returns an application if:

-the procedure before the Bank Ombudsman is inadmissible according to the contents of § 2item 1 and 2 and § 3

-the same dispute between the same parties is (subject to recognition) pursued before public court or before arbitration court or it has been legally adjudicated,

-resolution of the dispute belongs to the arbitration court

-the contents of the application is not understandable and it has not been completed or corrected despite previous calls of the Bank Ombudsman,

-consumer has notperformed the obligations mentioned in § 9 item 2,

-recognition of the dispute needs to conduct proceeding to take evidence with the participation of the witnesses and experts, what is possible in the opinion of the Bank Ombudsman only in the legal proceedings(public court procedure).

  1. If the application is returned the half of the fee’s amount is paid back to the consumer.

§ 13

  1. When the decision of starting the procedure is made, the Office of the Bank Ombudsman sends the copy of the application with appendixes to the bank concerned which shall response within 14 days.
  2. The term mentioned in item1 may be prolonged by the Bank Ombudsman.
  3. Bank may reply for the application in a written form by mail, by fax or e-mail.
  4. The effect of delivering (serving) the reply by fax or e-mail requires to be confirmed by the Bank Ombudsman accordingly by means of fax or e-mail.
  5. The lack of bank’s reply does not constitute an obstacle to arbitrate the case.

§ 14

  1. In its reply to the application, Bank should state whether it acceptsclaim in full or in part or opts for the rejection of the request.
  2. Bank in its reply to the Bank Ombudsman should indicate: detailed substantiation indicating provisions of law, agreements, regulations which are applicable in the case. There should be also document evidences enclosed.

Part IV

The suspension and the discontinuance of the procedure.

§ 15

1.The procedure before the Bank Ombudsman can become suspended on request of a consumer or peaceable (consent) request of a consumer and a bank.

2. The Bank Ombudsman notifies (shall notify) a consumer and a bank of the procedure suspension.

3.If the procedure suspended on the request of a consumer or on the consumer and bank's peaceable consent request would not be undertaken by any of the parties within) one year the procedure becomes discontinued.

4.In case, mentioned in item 3, a fee paid is not subject to return.

§ 16

1.A consumer can, at all times, withdraw the application on recognition of case before the Bank Ombudsman; in such case the procedure undergoes the discontinuance.

2.In case, mentioned in item 1, a fee paid is not subject to return.

§ 17

1. The Bank Ombudsman shall at all stages of the procedure induce a consumer and a bank to arbitrational solution of dispute by inclusion the agreement.

2.Especially the Bank Ombudsman is obliged to explain to a consumer any legal doubts arose from the case using universally comprehensible terms and void of specialist expressions.

§ 18

In case of lack of possibility of arbitrational solution of a dispute by inclusion among consumer and bank the agreement, the Bank Ombudsman arbitrates the dispute on the closed sitting.

§ 19

1.In particular situations, with regard on the character of the dispute, the Bank Ombudsman appoints the hearing and calls in a consumer and a bank.

2.The hearing is hold with a consumer or his proxy appearance and bank's representative if they appear.

3.The Contumacy of any of the parties does not constitute an obstacle in execution of the hearing, unless the calls (subpoena) have not been served correctly.

Part V

The Bank Ombudsman's award

§ 20

  1. The Bank Ombudsman after recognition of the case at the closed sittings or after execution of the hearing enters an award (judgment).
  2. The award shall be consisted of:
  3. the description of parties,
  4. the description of an object of a procedure,
  5. the Bank Ombudsman’s decision,
  6. the decision on the costs of the procedure,
  7. the justification of the award.
  1. The Bank Ombudsman can not adjudge the costs of legal representation.
  2. The award justification shall contain the indication of the actual basis of the decision, and namely: the fact-finding, which the Bank Ombudsman has recognized proven, the evidences, on which he has leant and reasons for which he has refused other evidences the credibility and power of evidence, as well as the explanation of the legal basis of the award along with the quotation of the provisions of law.
  3. The Bank Ombudsman signs the award and dresses it with round stamp.

§ 21

The extract of the award is served to a consumer and a bank through the Bank Ombudsman's Office with the registered letter.

Part VI

The costs of the procedure.

§ 22

The bank losing the procedure is obliged to return to the consumer a lump sum of the fee paid by him.

§ 23

1. The bank losing the procedure is obliged to bear the costs of the procedure before the Bank Ombudsman.

2. The Bank Ombudsman decides in the award on the costs of the procedure in the whole amount of relative fee in civil matter according to the provisions of the Decree of Ministry of Justice regarding the qualification of amounts of fees in civil matters.

3.The bank is obliged to pay costs of the procedure in a deadline of 14 days since the day of the extract of the award reception.

4. The sums of costs of the procedure paid by banks and payments made by consumer are intended to cover the Bank Ombudsman activities.

Part VII

The enforcement (feasibility) of the Bank Ombudsman’s awards.

§ 24

1. The Bank Ombudsman’s awards are to final the bank (not subject to appeal).

2. The bank is obliged to execute the Bank Ombudsman’s award not later than in a deadline of 14 days since the day of the extract of the award’s reception.

§ 25

1. The Bank Ombudsman’s awards are not final (binding) to the consumer. The consumer dissatisfied with the decision can direct a case to the legal proceeding before a public court.

2. A settlement agreed before the Bank Ombudsman becomes captured in form of the award with mark that it has been given as a result of a settlement contained between the consumer and the bank.

3.In case, mentioned in item 2, the costs of procedure before the Bank Ombudsman shall not be established, and the consumer gets the return of half of the fee paid.

Part VIII

The final provisions.

§ 26

1. The files of the procedures arbitrated with an award are to be kept (preserved) in the Bank Ombudsman’s office for period of 1 year. After outflow of this period files undergo destruction.

2.The consumer and the bank can (are entitled to) receive copies of documents from the procedure’s files.

3. For extradition of copies of the documents fees are collected in the amount of the payments defined in the Decree of Ministry of Justice on amounts of office payments in civil matters.

§ 27

In all matters maladjusted in present Rules, the provisions of the Civil Code and general provisions of law comply suitably.