REPORT on ALTERNATIVE DISPUTE RESOLUTION 30.09.2016
- Sep 30, 2016
- In ABDRC reports
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.
Until 30.09.2016, as many as 300 written applications, and more than 1,500 requests by phone were received from consumers. 172 of the written applications were found compliant, while 128 were different miscellaneous requests. Distribution of the complete casefiles to conciliators is done randomly, term of the availability and workload of each conciliator.
The means of filing the applications is as follows (for the 172 compliant applications):
- 121 were filed by email (preferred by consumers);
- 23 were mailed;
- 28 were brought to, and registered by consumers with the office of ABDRC.
The applications received from consumers targeted the following types of claims:
- return of the risk fee charged for a loan;
- loan rescheduling;
- reduction of the monthly instalments, when the consumer assesses that the monthly instalments have been abusively increased by the trader;
- return of the management fee, the monitoring fee or other categories of fees – perceived by consumers as unlawfully charged;
- return of the amount resulted from the excessive increase in 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 qualified by consumers as abusive, as regards application of default interests;
- deregistration of entries in the Credit Register, etc.
Qualification of the 172 compliant applications:
- 28 turned into casefiles;
- 42 in screening phase;
- 102 closed;
The main reasons for closing compliant applications are:
- traders refused resolution of the dispute under ADR procedures due to pending legal proceedings;
- traders refused resolution of the dispute under ADR procedures, and attempted to contact the consumer directly;
- traders made several offers, but all of them were turned down by consumers (before the consumer approached ABDRC);
- traders refused resolution of the dispute under ADR procedures because forced execution procedures have already been initiated;
- traders do not belong to the category of those the business of which is regulated by the National Bank of Romania pursuant to the Government Ordinance no. 38/2015;
- more than 90 days have passed since filing of the application, and the consumer failed to supplement the application with the data/documents required.
As many as 42 applications are in the screening phase (reviews of completeness of the documentation, requests for information and supporting documents).
Qualification of the 28 casefiles in the procedure with proposed solution:
- 8 casefiles in phase of discussions/meetings with the parties;
- 2 resolutions are being drawn up;
- 16 resolutions rendered/reports issued;
- 1 inadmissibility resolution;
- 1 casefile in which the consumer withdrew from the procedure.
Having reviewed the casefiles received by the ADR Center, the demands of consumers, and the reasons of the disputes, the Steering Board of ABDRC decided to improve the ADR procedures so that these would be easier to understand and implement by consumers, traders and conciliators. Another objective was adaptation of the procedures to the types of existing disputes. Thus, in August 2016, the new versions of the following documents were published on the website www.csalb.ro:
- Regulation for organization of the Alternative Banking Dispute Settlement Center and for functioning of the Steering Board;
- Procedural Rules regarding:
- the ADR procedure concluded with proposing a solution;
- the ADR procedure concluded with imposing a solution;
- Documents used in the direct relation with consumers:
- the applications consumers file to commence the procedures with proposed or imposed solution;
- the essential information which is provided to consumers about each of the two procedures.
In Q3 2016, the following projects were also implemented:
- launch of the Facebook page of the Alternative Banking Dispute Resolution Centre;
- organization of the “Media” section on the website of the Center, which contains different communications of general interest, media stories with consumers who turned to the services of ABDRC, and declarations of conciliators and representatives of the Center;