ACTIVITY REPORT ABDRC – 31.12.2018

The year ended with 1,293 applications and 550 casefiles

The Alternative Banking Dispute Resolution Centre started its alternative dispute resolution operational activity on 01.03.2016, with the receipt of the first application from a consumer.

In 2018, we received as many as 2,257 written applications, and approximately 10,000 requests by phone from consumers:

  • 1,293 of the written applications were found compliant;
  • 35 were found non-compliant;
  • 929 were requests for various information (about the ADR procedures).

Distribution of the complete casefiles to conciliators is done randomly (via the IT App), term of the availability and workload of each conciliator.

Means of filing compliant applications:

  • 754 were filed by email (the means preferred by consumers);
  • 365 were filled in/submitted online (via the IT App which went live on 23 July 2018);
  • 99 were brought to, and registered by consumers with the office of ABDRC;
  • 75 were mailed.

The applications received from consumers covered the following topics:

  • return of the management fee, the monitoring fee or other categories of fees – perceived by consumers as unlawfully charged;
  • rescheduling of loans;
  • reduction of the monthly instalments, when the consumer assesses that the monthly instalments have been abusively increased by the trader;
  • return of the amount resulted from the excessive increase of the interest rate, as perceived by consumers;
  • reduction of the interest rate, and freezing of exchange rate at the rate applied at execution of the loan agreement (in CHF);
  • declaring the loan early due, in disregard of the contractual conditions;
  • calculation and payment of the instalments in RON, at the rate of exchange applied at the time when the agreement was concluded;
  • removal of clauses regards application of default interests;
  • deregistration of entries in the Credit Register, etc.

Qualification of the 1,293 compliant applications:

  • 550 were turned into casefiles (of 551 applications, with two adjoined into the same casefile);
  • 130 are currently screened (as at 31.12.2018);
  • 97 applications were settled amicably after the referral to ABDRC.
  • 537 were closed.

The main reasons for closing compliant applications are:

  • traders refused settlement of the disputes by ADR procedures:
    • due to pending court actions;
    • forced execution proceedings have already been initiated;
    • attempts to contact the consumer directly;
    • the point of view in the reply sent to the consumer has not changed;
  • traders made several offers, but all of them were turned down by consumers (before the consumer approached ABDRC);

As many as 130 applications are in the screening phase (reviews of completeness of the documentation, requests for information and supporting documents).

Qualification of the 550 casefiles in the procedure with proposed solution (as at 31.12.2018):

  • 9 preliminary casefiles;
  • 109 casefiles in the phase of discussions with the parties;
  • 378 successful resolutions/cases (solutions accepted by both parties) – accounting for 90% of the total solutions rendered;
  • 41 reports/cases where the parties have not agreed upon a common solution – accounting for 10% of the total solutions rendered;
  • 13 casefiles in which one party withdrew from the procedure withdrawal of the trader – 4; withdrawal of the consumer – 9).

 

Statistical information as at 31.12.2018 is available in the charts below

 

 

 

 

 

 

Explanatory notes:

Casefiles favourably resolved, by resolutions = casefiles where parties have agreed to the solution proposed by the conciliator;

Reports = casefiles/cases where the parties have not agreed upon a solution.

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