Customers of Polish banks may shortly face a new, amazing barrier. There are signs that any financial institutions are considering introducing Complaint fees. It is an thought that creates large controversy and opposition from experts due to the fact that it strikes the fundamental right of consumers to assert their rights. Imagine the situation: the bank makes a mistake, miscalculates interest or doubles the transaction, and the customer, reporting the problem, would gotta pay extra for it. specified a practice would not only discourage complaints but could be an effort to pass on the costs of operating errors to consumers. In a time of increasing financial awareness of Poles, specified a proposal seems not only unethical, but besides possibly incompatible with the applicable law, as already signaled by consumer rights organisations.
What gave you the thought of a complaint fee? Banks search profit in a controversial way
The introduction of a charge for the complaint process is simply a decision which should be analysed in the broader context of the banking sector. Financial institutions in Poland and Europe operate in a low interest rate environment, increasing competition from fintechs and expanding regulatory requirements. All of this makes banks look intensely New sources of income, frequently reaching for solutions that may rise opposition from customers. The complaint fee is seen as 1 of these tools. From a bank perspective, handling all complaint generates operating costs – requires worker involvement, systems analysis and consequence preparation.
The effort to coinise this process is so a de facto effort to pass these costs straight on to the customer. The banks' arguments may focus on alleged combating "money" and unjustified complaints that burden the system. However, experts inform that this is an highly dangerous road. Establishing a financial barrier could effectively block the way to assert their rights to those who have actually been harmed but are afraid of additional costs. In practice, this would mean that banks could make insignificant mistakes with impunityI hope it doesn't pay to study to customers.
Is the complaint fee legal? Position of the UOKiK and experts
The key question is: would specified a charge be compatible with Polish law? According to most lawyers and consumer organisations, absolutely not. Poland Law on the handling of complaints by financial marketplace operatorswhich clearly regulates this process. This law does not supply for the anticipation to charge any fees to the client for the lodging and processing of complaints. Moreover, this is simply a fundamental consumer right.
Office for Competition and Consumer Protection (UOKiK) has been on the side of customers respective times in the past, uncovering akin practices not permitted. The introduction of a complaint fee would surely be considered not permitted (abuse) clause, i.e. a provision in a contract that shapes the rights and obligations of the consumer in a manner contrary to good manners and grossly affecting its interests. Experts from the Office of the Financial Ombudsman besides stress that the complaint process must be available and free of charge. Any effort to restrict it through fees would encounter a decisive intervention by marketplace regulators. Banks that would take this step hazard not only losing their reputation but besides severe financial penalties imposed by the UOKiK.
How can banks effort to circumvent the law? Watch out for those provisions in the contract
Although the direct charge for filing a complaint is illegal, banks may effort to introduce akin mechanisms in a more veiled manner. client attention should be paid to changes in Toll and commission tables and regulations. There are respective possible gateways that financial institutions may want to usage to charge customers costs.
Be careful of what? First of all, the provisions relating to charges for complaints ‘unreasonable’ or ‘unreasonably filed’. It is simply a very dangerous mechanics due to the fact that it would unilaterally decide which complaint is justified. another traps to be addressed are:
- Manipulation fees for additional complaint activities (e.g. for issuing paper duplicates of documents).
- The costs of verification of the notification, if it requires, for example, an external analysis.
- Charges for appeal against a negative complaint decision.
- The introduction of paid, "accelerated" complaint handling paths, which in practice would discriminate against a free standard procedure.
Each specified evidence should light a red light and encourage a careful analysis, and in case of doubt, contact the Financial Ombudsman or local consumer rights spokesperson.
What to do erstwhile a bank charges a fee? Step by step how to fight for your rights
If, after all, you find yourself in a situation where the bank counts or tries to charge a complaint fee, it is crucial not to panic and act methodically. First of all, don't pay this fee. Instead, immediately take steps to challenge it. The first decision should be to submit another complaint or appeal, this time concerning the fee itself. The letter should mention to this Complaint handling Act and the fact that specified practice is illegal and constitutes an abusive clause.
If the bank maintains its position, you're not in a lost position. The case should be referred to Financial Ombudsman. It is an institution designed to assist consumers in disputes with financial marketplace players. The Ombudsman may intervene and assist you in your dispute with the bank. At the same time, it is useful to inform about the situation UOKiK. It conducts proceedings in respect of practices affecting the collective interests of consumers and may impose a advanced punishment on the bank, which will effectively discourage it from applying akin practices in the future. Remember that as a consumer you have strong rights, and state authorities are here to aid you enforce them.
More here:
Banks are making a ridiculous fee. Are you gonna pay to study a problem?
