During the 7 years o operation, ABDRC has proven that this new paradigm – an alternative way of resolving disputes – is a win-win approach for both consumers and traders. The possibility that both parties can be involved in changing certain given characteristics of a contractual framework is the starting point for a shift of mindset about the banking contracts/services, at the level of society. Thus, parties can understand one another and forge a trust-based relationship, this being in fact one of the key takes-away/benefits that the ADR procedures have brought along in time, and the facts and figures only come to strengthen this idea: since its establishment, in more than 2,550 cases, parties reached an agreement with the aid and facilitation of one of the ABDRC’s conciliators. Another 1.500 amicable settlements further to consumers having firsts referred the matter to the Banking ADR Centre should be added to this number.

I.         About ABDRC Establishment

1. The Alternative Banking Dispute Resolution Centre (ABDRC) is an independent non-governmental apolitical, not-for-profit legal entity of public interest established under the Government Ordinance no. 38/2015 on alternative resolution of disputes between consumers and traders, which transposes at domestic level Directive No 2013/11/EU on alternative dispute resolution (ADR) for consumer disputes, as well as Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution (ODR) for consumer disputes.

2. ABDRC’s work is render at two levels:

• administrative – organization and functioning of ABDRC as legal entity;
• operational – organization and performance of the alternative dispute resolution activity.

II.         Administrative activity of ABDRC

1.   Activity of the Steering Board

The ultimate duty of the Board, the work of which is rendered under the Regulation for ABDRC’s Organization and Steering Board’s Functioning, is to steer and provide oversight of the administrative activity of the Centre. Thus, the members of the Steering Board have powers and duties in connection with approval and amendment of the resolution procedures, approval of conciliators, approval of the income and expenditure budget, etc.

The Board members are not involved in any operational activity of the Centre (the review and resolution of the disputes being reserved exclusively to conciliators), and their task is to see that ABDRC has available sufficient resources to carry out its activity in an efficient and independent manner.

Highlights of the Steering Board’s activity in 2022:

• continuation of all the activities (conciliation, meetings of the Steering Board, communication, employees’ presence in the office, meetings with traders/collaborators, etc.) by adapting all activities to the context imposed by the COVID-19 pandemic context, under suitable security conditions (in particular during the first part of 2022);
• continuation of the communication activity via different channels adapted to the ABDRC’s purpose/mission, as well as ensuring the necessary conditions for the development/expansion of this activity also on social media channels: Facebook, Instagram, YouTube, LinkedIn, TikTok;
• continuation of the administrative litigation proceedings registered with Bucharest Court of Appeal under case number: 6047/2/2018, concerning the challenge of ABDRC against the Decision no. 2377/DA/31.05.2018 issued by the Ministry of Economy on entering ABDRC in the list of ADR entities in Romania – the proceedings are pending before this court, and the court has ruled on the merits (after 4 years and 3 months, on 11 November 2022à the administrative action was rejected, and after the court decision justification is communicated, ABDRC will submit the grounds for second appeal);
• approval of the financial statements executed as at 31 December 2021, and provision of information about the 2021 Audit Report;
• update, by amendment/supplementation, of the regulation for the organization of ABDRC and the functioning of the Steering Board;
• election of the President of the Steering Board for a 1-year term of office;
• update of the List of Conciliators as a result of requests formulated according to art. 15 para. (7) letter a) of the organization and functioning rules;
• update of the Procedure that regulates the activity of ABDRC conciliators;
• review and approval of the 2023 ABDRC budget (2023 IEB).

2.  Communication, promotion, information and financial education by ABDRC

Communication takes place across the following levels (according to ABDRC’s communication strategy):

• communication with banks and NBFIs (traders);
• communication with consumers;
• communication with the media;
• communication with stakeholders;
• communication with conciliators;
• holding of work meetings with conciliators, whenever these are necessary, as part of the process of updating/reviewing the Regulation of the Procedural Secretariat and the ADR procedures, as the amicable dispute resolution work advances;
• organizing working meetings with representatives of commercial banks (bilateral meetings) to improve the activity of alternative dispute resolution.

2.1. ABDRC’s Communication and Promotion Activity

Communication with, and information of consumers and traders about ABDRC take place via the following channels:

• communication via the traditional media channels (TV, Radio, Written Press, Online, Blogging);
• communication on alternative channels (street banners, financial education campaign in schools/high schools);
• communication via own channels: Website, Facebook, LinkedIn, YouTube, Instagram, Tik-Tok;
• organization of/participation in conferences, workshops, debates (also online), etc.;
• communication via commercial banks (online and offline: leaflets, posters, stickers, video production);
• communication via the National Authority for Consumer Protection (at central level and through the County Commissariats);
• communication via consumer associations.

2.2. Information and financial education

Consumer information about ABDRC and their financial education is performed via the following channels:

• Communication via the traditional media channels (TV, Radio, Written Press, Online) by campaigning the work of ABDRC, the cases resolved and the benefits of conciliation in news, talk-shows, financial education media projects, public awareness campaigns, etc.;
• Communication via own channels: Website, Facebook, YouTube, LinkedIn, Instagram, Tik-Tok;
• Creation of a financial education section on the csalb.ro website;
• Creation of CSALB’s Tik-Tok channel, a general audit for each social media channel, a communication and consumer information strategy through social media channels;
• Running together with the social media agency a campaign to promote financial education messages on YouTube, Facebook, Instagram, Linkedin, Tik-Tok channels;
• Running a financial education campaign, Back to school, in schools and high schools;
• Communication to the press through press releases and media campaigns in the local press, online and in collaboration with various media entities;
• Consumer information campaign carried out through platforms that address consumers of financial services, such as Finzoom.ro, Bancherul.ro, Tribuna Consumatorilor;
• Participation in financial education projects with institutions such as the National Bank of Romania, the Academy of Economic Studies, independent bodies (Sută la Sută Românesc Association – Tribuna Consumatorilor), media institutions;
• Financial education campaign with the aid of more than 27 blogs participating in a contest of blog posts on financial education and conciliation;
• Call-centre activity, reporting, regular training, operation of the ABDRC website chat, message adaptation;
• Organization of/participation in conferences, workshops, webinars, etc. (in person and online);
• Financial education through the ABDRC conciliators: press coverage to promote the work of the Centre further to issuing of press releases;
• Videos (distributed via the media and ABDRC’s own channels) where consumers, representatives of commercial banks, conciliators and ABDRC representatives advise consumers in financial education matters;
• Provision of information via commercial banks:
• Communication via the National Authority for Consumer Protection (at central level and through the County Commissariats) and the Consumer Protection Association.

3.  Other administrative activities

3.1. Ensuring observance by the Centre of the personal data protection rules

In the context of the health crisis (which also extended its effects in 2022), compliance by the Centre of the personal data protection rules was monitored.

ABDRC has put in place a number of technical and organizational measures to protect natural persons in terms of personal data processing (as early as 2018, when Regulation No 679/2016 came into force). Additionally, aligning to the new way of rendering the work imposed by the sanitary crisis (telework), the Centre also strived to correctly implement and ensure compliance with the following measures:

• ensuring adequate security for the data and information of any kind held by ABDRC, as well as compliance with the backup and disaster recovery requirements by putting in place the necessary systems (Antivirus, SOC – Security Operations Centre, DLP – Data Loss Prevention etc.);
• a VPN solution with a view to keeping secure the work equipment and materials for each employee and collaborator of ABDRC (via connection to the secured Internet network of the Centre). Compliance of employees/collaborators with the new telework requirements is regularly reviewed.

3.2. Call-Centre

• The call-centre is used also to collect several categories of information about the subject-matter of the consumers’ enquiries, and/or about the sources they found about the Centre fromà. This data is used including in our communication actions by narrowing-down the scope of the promotion efforts to the most relevant/efficient means of conveying information about the availability and services of ABDRC.

III. Operational activity of ABDRC

The operational activity of ABDRC is detailed in the Annex which is an integral part of this document.

IV. Conclusions

The ABDRC services continue to be accessed by the Romanian consumers, the number of applications filed in 2022 exceeding the number of applications filed in the previous year (with 2,627 applications filed by 31 December 2022, as compared to 2,525 such applications filed by the end of the previous year; the weekly average increased to 50 applications/week in 2022, as compared to 48 applications/week in 2021).

The benefits of conciliation:

• avoidance of court proceedings, and continuation of the contractual relations between the parties;
• short case settlement time (less than 90 days);
• no charges for consumers, and
• expertise of conciliators (the members of the Body of Conciliators are individuals with at least 10 years of expertise in the financial and banking area, and are well known for their professional and educational background and reputation);

are strong arguments for both the consumers, and the financial and banking institutions involved in these negotiations, particularly during economically difficult time as the beginning of 2023 is expected to lay ahead.

In this context, the following are key findings about the first seven years of operation:

• taking further the activities aimed at raising awareness of consumers, in particular with the support of traders, about of the benefits of accessing the services provided by ABDRC;
• the need to determine/convince consumers and traders to opt for (negotiation-based) alternative dispute resolution methods, avoiding the contentious way, in court proceedings, and, additionally, redirecting some of the disputes currently pending before courts towards ABDRC to be settled amicably, through conciliation;
• the need to determine and put in place systematic/concerted communication techniques to promote the Centre and capture the interest of consumers, and create a fostering environment among consumers;
• the NBFIs need to become more open to entering the conciliation procedure, and both the banks and the NBFIs should reduce their number of applications unreasonably closed;
• a key finding from work of the Centre so far is that both parties have a good appetite for the procedure with proposed solution/conciliation, to the detriment of the procedure with enforced solution/arbitration (to date, no case has been ever settled pursuing the procedure with enforced solution/arbitration);
• as of Q1 2020, ABDRC can also address conciliation applications received from legal entities related to payment services and issuing of electronic money; it has been proven that legal entities are off to a more difficult start of conciliation because corporate bank customers have filed such applications before, but, with one exception, traders refuses to embark in such procedures;
• ABDRC has proven an extraordinary capacity to adapt its work to the requirements of the authorities, as follows: approximately 96% of the Centre’s work was rendered online, and conciliators continued to remotely facilitate the negotiations between consumers and banks/NBFIs (via email and over the phone). Additionally, the IT tool (used to manage the applications and casefiles directly on the ABDRC website) proved its efficiency during this time when the Centre was able to continue to smoothly mediate the relation between consumers and traders;
• the support of the Ministry of Economy (currently, the competent authority is the Ministry of Energy) is required to achieve cross-border cooperation and registration of ABDRC as European online platform (ODR – Online Dispute Resolution) and with FIN-NET.

In 2022, ABDRC made a number of recommendations to banks:

1. The consumer applications referred by ABDRC to banks should be reviewed by the credit institution with the amount of flexibility required for the parties to reach an agreement. In this regard, we recommended that, by the end of 2022, the number of applications closed on unreasonable grounds should drop below 10% of the total number of applications referred to the bank. Essentially, efforts has been constantly employed to bring this performance indicator below 10%. At the end of 2022, the average share of applications rejected without justification across the banking system is 4.45% of the total number of applications received by ABDRC.

Am important share of the closed applications were rejected for valid reasons. For instance, from the beginning of 2022 (up to the date of this report), ABDRC received 1,034 applications concerning the removal of records from the Credit Bureau: 317 applications in relation to banks (representing 18.5% of the total applications intended to banks) + 717 requests in relation to NBFIs (representing 78.4% of all applications intended to NBFIs). It should be recalled that most of the applications concerning the Credit Bureau, the Prima Casă programme or assigned loans are rejected because, on a case-by-case basis, these are governed by a special piece of legislation which leaves but limited, if no room at all for negotiation.

2. Our recommendation was to try to increase the number of applications turned into cases given also the following:
   • a. consideration will be given to the possibility of putting an end to the current court proceedings further to settlement of an application via ABDRC, as well as to the possibility of identifying customers with potential problems and guiding them towards ABDRC (thus avoiding courts cases as the problems concerned are addressed under the cases formed and settled via the Centre);
   • b. the applications entering the restructuring or forced execution flows may also be settled/negotiated via ABDRC;
   • c.when an application is initially closed, but a solution is later found for the consumer, the trader may inform the client thereof and recommend them to fila a new application with ABDRC (unless the claims therein can be addressed directly, through amicable settlement).

3. The mandates granted by banks are recommended to include value caps that are different from/higher than those set out in the commercial offers of their portfolio, thus proving the usefulness and benefits of settlement via ABDRC, further to the consumer rejecting the bank’s initial offer (in the amicable settlement stage).

4. The banks are recommended to consider, from the very beginning, the amicable settlement of the case that would otherwise would end up with ABDRC, in case of a refusal by the consumer.

5. Since three years have passed since the enlargement of ABDRC’s jurisdiction to cover also for legal entities, the banks are recommended to start accepting also cases that involve this category of customers.

Final conclusions

• During the 7 years o operation, ABDRC has proven that this new paradigm – an alternative way of resolving disputes – is a win-win approach for both consumers and traders. The possibility that both parties can be involved in changing certain given characteristics of a contractual framework is the starting point for a shift of mindset about the banking contracts/services, at the level of society;
• In 2022, ABDRC saw a record number of cases formed in only one week (30 conciliation cases were formed in 17-21 January), and the year 2022 has seen an increase in the number of settlements between consumers and banks/NBFIs (both as a result of negotiations brokered by ABDRC conciliators, and as a result of direct negotiations between the parties). Thus, the applications rejected without justification account for 4.45% of the total applications (v 17% at the end of 2021), which represents the lowest number in the past 7 years;
• Thus, parties can understand one another and forge a trust-based relationship, this being in fact one of the key takes-away/benefits that the ADR procedures have brought along in time, and the facts and figures only come to strengthen this idea: since its establishment, in more than 2,550 cases, parties reached an agreement with the aid and facilitation of one of the ABDRC’s conciliators. Another 500 amicable settlements further to consumers having firsts referred the matter to the Banking ADR Centre should be added to this number;
• Conciliation via ABDRC should become the alternative of choice for a consumer when they need to address a problem with the traders in the financial and banking system, to the detriment of the actions brought before courts or other litigation-based methods;
• Consumers are encouraged to keep an open mind to building a trust-based relationship with the bank, considering that the problems reported by consumers are understood and accepted by the bank when they are objective/justified and reasonable. Also, the fine-tuning of the conciliation mechanisms, added to the banks’ willingness to adopt a flexible attitude to the requests received from customers can help constantly and significantly increase the number of successful applications with contributions from all parties.
• There is a need for more visibility in advancing the possibility that the Centre addresses also disputes that involve legal entities (on matters concerning payments and issuing of electronic money), with a view to improving the business environment and the mutual trust between the providers of such services and companies or public institutions: the first and only negotiation between a company and a bank concluded with the parties reaching an agreement (this concerned a payment operation) in Q1 2022.
• In 2022, 145 court cases were discontinued because the parties wanted and managed to find an amicable solution with the help of ABDRC. This is an important increase compared to the 67 such cases reported in the entire 2021. In July, ABDRC asked the High Court of Cassation and Justice and the 15 Courts of Appeal across the county to provide their judges with information, and that these recommended the amicable settlement of the disputes between consumers and banks/NBFIs.
• In September 2022, ABDRC presented the results of the opinion poll carried out in partnership with Finzoom.ro, which shows that the budget of the Romanian consumer is affected primarily by the increase in the price of food and utility bills, and thirdly by the increase in interest rates.
• 2022 is the most efficient of the seven years of activity of ABDRC. 90 out of 100 negotiations between consumers and banks concluded with an agreement of the parties and acceptance of the solutions proposed by the ABDRC conciliators;

The constant involvement of all stakeholders (the National Bank of Romania, the Romanian Association of Banks, the consumer protection associations) will help a constant and important development in time of this type of settlement, as well as build a trust-based relationship between consumers and banks/NBFIs.

REPORT on the operational activity of ALTERNATIVE DISPUTE RESOLUTION

as at 31 December 2022

The Alternative Banking Dispute Resolution Centre started its alternative dispute resolution operational activity on 1 March 2016.

By the end of 2022, 4,718 written applications and 2,700 phone calls were made by consumers, 2,627 of the written applications were found compliant, 324 were incompliant, and 1.767 were various inquiries. Distribution of the complete casefiles to conciliators is done randomly, depending of the availability and workload of each conciliator.

Consumers used the following means to submit their applications (for the 2,627 compliant applications): 1,712 compliant applications concerning banks (filed by consumers/individuals) + 915 compliant applications concerning NBFIs.

For Banks:

Individuals:

• 966 were submitted online, via ABDRC website;
• 658 were e-mailed;
• 53 were brought to, and registered personally by consumers with the office of ABDRC;
• 35 were mailed.

Legal entities:

• 8 were submitted online, via ABDRC website;
• 1 request received by e-mail;
• 1 request received by mail.

For NBFIs:

• 796 were submitted online, via ABDRC website;
• 99 were filed by e-mail;
• 18 were brought to, and registered personally by consumers with the office of ABDRC;
• 2 were mailed.

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 lei, 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;
• removal of records from the Credit Bureau;
• loan conversion;
• stay of instalment payment (pursuant to the Government Emergency Ordinance no. 90/2022);
• shift from ROBOR to IRCC and issues related by the increase in ROBOR/IRCC rates;
• moving from a variable interest rate to a fixed interest rate.

Qualification of the 2,627 compliant applications:

For banks (of the 1,712 compliant applications received):

• 653 turned into cases (14 cases from applications submitted at the end of 2021);
• 54 in screening phase;
• 231 settled amicably after referral to ABDRC;
• 788 closed;

For NBFIs (of the 915 compliant applications received):

• 5 turned into casefiles;
• 84 in screening phase;
• 361 settled amicably after referral to ABDRC;
• 465 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;
• traders made several offers, but all of them were turned down by consumers (before the consumer approached ABDRC);
• the claim had been assigned;
• Credit Bureau – specific legislation.

A total of 138 applications (54 concerning banks and 84 concerning NBFIs) are in screening phase (documentation is reviewed for completeness, information and supporting documents are requested).

Qualification of the 653 casefiles in the procedure with proposed solution (as at 31.12.2022):

For banks:

• 8 preliminary cases;
• 56 cases in the phase of discussions with the parties;
• 518 resolutions;
• 55 reports;
• 16 casefiles in which one party withdrew from the procedure;

Qualification of the 5 casefiles in the procedure with proposed solution (as at 31.12.2022):

For NBFIs:

• 2 cases in the phase of discussions with the parties;
• 3 resolutions;
• 0 preliminary case;
• 0 closures.

The WEBSITE www.csalb.ro provides information about:

• Regulation for organization of the Alternative Banking Dispute Resolution Centre and for functioning of the Steering Board;
• Procedural Rules regarding:
  • ADR procedure concluded with proposal of a solution;
  • ADR procedure concluded with enforcement of a solution;
  • ADR procedure concluded with proposal of a solution for legal entities;
  • ADR Procedure concluded with enforcement of a solution for legal entities;
• Steering Board;
• List of Conciliators;
• Short contact number: 021 9414, available every day between 09:00 AM – 06:00 PM;
• Press releases and media coverage;
• Miscellaneous useful information for consumers and traders.