– I am very concerned about this year’s increase in the number of requests for intervention against companies from the banking and capital sector – said dr hab. Mariusz Golecki, Financial Ombudsman. Previously, the number of cases had increased gradually. But our activity this year draws attention. – After seven months, we already have more applications than in the entire 2019. [dane są za okres od stycznia do lipca] – emphasizes Mariusz Golecki. Statistics show 5,847 cases this year compared to 5,561 last year. If the current dynamics is maintained, at the end of the year, the Financial Ombudsman will record approx. applications for intervention in the financial industry.
The Financial Ombudsman summed up the functioning of the institution at a special conference. IN during the last five years, 225,000 jobs have been transferred to his office. questions and requests, 125 thousand were also granted. telephone or e-mail advice. The institution received 100 thousand. requests to initiate proceedings.
You can read more about the achievements of the Financial Ombudsman here
What do we complain about the most?
Compared to the first half of 2019, in the first six months of this year by 519 percent. the number of applications involving the improper settlement of previously repaid consumer loans increased. In 2020, the Financial Ombudsman received 2,283 applications (last year there were 369 of them). The result are, for example, lawsuits for the abandonment of unfair practice brought against two banks in connection with the improper settlement of previously repaid consumer loans.
The second problem is unauthorized transactions. Here, the number of applications increased by 70 percent. – The scammers together with a large part of the population went to the Internet – noted Jakub Szczerbowski, director of the Banking and Capital Market Customer Department at the Financial Ombudsman’s office. Thieves use more and more creative methods (for example, remote takeover of computer control or the use of a duplicate SIM card).
Frankivichi
A large increase in requests for intervention also occurred in the case of the so-called foreign currency loans – here we are talking about a jump by 97%. (from level 182 to 358). This data is not surprising. Persons with foreign currency loans were encouraged to file lawsuits by the Dziubaks case, subsequent court rulings, and a special report prepared by the Financial Ombudsman in 2016.
Last month, the Commissioner for Human Rights filed a motion for a resolution of the Supreme Court in connection with the discrepancies in the jurisprudence regarding the determination of the rules for the settlement of a foreign currency loan in the event that the contract is deemed invalid.
Financial Ombudsman for liquidation?
In recent years, the Financial Ombudsman has issued opinions on draft legal acts many times. He also initiated legislative changes, but he did it indirectly (an example is usury activities). Most importantly, the office has become an advocate for consumers who had little chance in the courts in the fight against big financial companies. His important views also became an indication in the jurisprudence of courts. The successes include the achieved changes in the so-called insurance policy, the issue of settling car repairs by insurers or judgments concerning franchise holders.
Meanwhile, in the background of the fight against the pandemic and the turmoil related to the reconstruction of the government, a plan to liquidate the Office of the Financial Ombudsman and transfer its powers to the Office of Competition and Consumer Protection appeared and then began to take real shape. The proposal was prepared by the Ministry of Finance, Funds and Regional Policy (the project was piloted by Deputy Minister Piotr Patkowski), and at the end of October it was finally approved by the government, despite objections from many institutions and even some ministries. The draft is not on the agenda of the current session of the Sejm.
Financial Ombudsman, formerly Insurance Ombudsman
The history of the one of the most consumer-friendly institutions dates back to 1993. It was then that two insurance companies collapsed – TU na Życie Westa Life and TU Westa. The shock of these events made it in 1995, the office of the Insurance Ombudsman was formally established. In the first period, the authority assisted clients of insurance companies and pension funds (de facto activities covered slightly more than 100 entities). After the Amber Gold scandal, in 2015 it was decided to extend the competences to the banking and capital markets, and the institution was renamed the Financial Ombudsman (it covered over 2700 entities with its “power”).
You can read more about the achievements of the Financial Ombudsman here
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