Dispute with the bank : when the mediator of the FBF is not used for nothing !

On 4 July, the Ombudsman of the French banking Federation (FBF) has published its annual report for 2016. It is clear that the number of complaints has increased 34% in 2016 to 5 593. Awesome ! But among them, nearly one-third are in vain… they do not fall within the domain of skills of the Mediator to the FBF. When should it enter ? What are the main sources of disputes with the banks ? State of the premises.

In 2016, many of you have had a dispute with your bank. And you have decided to take action ! It is well ! How ? Entering the Mediator of the French banking Federation (FBF). The result is that the number of complaints received by the instance jumped ! It is past 4 184 2015 at 5 593 in 2016 (+34 %). Problem, a lot of these e-mails will remain unanswered… On the 5 593 records, 1 837 do not fall within the scope of competence of the ombudsman, is about one-third.

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When should you enter the FBF ?

So before you fill out a form or send a paper file, make sure that the instance will be able to help you. It will prevent you from wasting your time…

In his report, the Mediator to the FBF recalls that in the case of a problem with your bank, it must first interact with her and try to find a solution together. In fact, in the event of a problem with your bank, there are steps to follow. You must first try to resolve your dispute amicably. If the problem persists, you should contact the customer service of your bank. His contact information can be found on your account statement or on the brochure tariff of your bank. This is only if this approach does not result that you can refer to the Ombudsman. But to complain about what ?

The Mediator to the FBF specifies on its website that » The field of competence of the ombudsman covers all disputes relating to the services provided and the execution of a contract banking «. But still… » For example, the ombudsman can deal with disputes relating to the deposit account, to the application of pricing, means of payment, financial products, contracts of savings and credit operations. «… Not very clear, you will notice… We understand a little why a lot of you are wrong.

To make it simple, if you feel your bank charges are too high, or if your bank denied you a credit, it serves no purpose to complain of the FBF. In fact, the Ombudsman intervenes only if your bank is in the country illegally. For example, if it does not comply with the capping of the commissions intervention, or if it refuses to close an account.

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Errors also on the side of the Mediator of the Autorité des marchés financiers (AMF)

It is not only the mediator to the FBF that is entered wrongly. The same applies to the Mediator of the AMF. In its latest report published on April 25, 2017, we learn that on 1 501 complaints received in 2016, 605 were not within the scope of competence of the authority, or nearly 40 %… Then when you contact the Mediator of the AMF ?

To make it simple, the instance is competent in case of litigation regarding savings products. Namely : the marketing of financial products, portfolio management, transmission and execution of stock exchange orders, the savings, the securities account, the PEA and the Forex – only if the company is accredited.

In the case of a concern relating to your life insurance, it is the Mediation of Insurance that you should contact.

Conversely, the Mediator of the AMF cannot therefore be seized when (article L. 612-2 of the consumer Code) :

  • The consumer does not justify having attempted, in advance, to resolve the dispute directly with the trader by a written claim in the manner provided, if any, in the contract
  • The claim is manifestly unfounded or abusive
  • The matter has previously been or is currently being considered by another ombudsman, or by a court
  • The consumer has lodged his or her application to the ombudsman in a period of more than one year from the date of his claim in writing to the professional
  • The dispute does not fall within the scope of competence of the ombudsman

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Do you have a question ? In case of doubt, please do not hesitate to contact the AMF Epargne Info Service on 01 53 45 62 00. It will tell you if your dispute is within the area of competence of the Ombudsman of the AMF. And if not, it will redirect you to the right contact.

Marie-Eve F

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