INFORMATION ABOUT THE CUSTOMER SERVICE
The Ministry of Economy published ORDER ECO / 734/2004, of March 11, on the departments and services of customer service and the customer ombudsman of financial institutions.
Said Order, apart from providing the obligation to hold a customer service department or service, establishes information duties that must be available to the customer, in each and every one of the offices open to the public, as well as in his / her / s web page / s in the event that the contracts had been concluded by telematic means.
In this sense, the entity FINANCIERA CARRIÓN, SA, EFC (Romich Loan SA), informs our clients that:
a) There is a customer service department that is directed by Mr. Alvaro Mario Villegas Herencia, with address for notification purposes in Florida at 4955 Simpson Street, nº 4 and, whose email address is [email protected]
b) Said customer service department has the obligation to attend and resolve complaints and claims submitted by its customers, within two months of their presentation in the department.
c) If after the decisions with which the complaints and claims processing procedures are finalized, the clients are dissatisfied, with the result of the pronouncement they may go to the Commissioner for the Defense of the Financial Services client (Bank of Spain Claims Service , in Florida at Calle Alcalá, 48, phone numbers 913385068 and 913385851).
It is necessary to go to this Customer Service Department before going to the Bank of Spain's Claims Service).
d) The client has at his disposal in each of the offices open to the public a copy of the Operating Regulations for customer service.
e) The client must know that there is a regulation of transparency and protection of the financial services client and in particular the following:
Circular of 8/1990 of September 7 on transparency of operations and customer protection.
Order of May 5 on transparency of the financial conditions of mortgage loans.
Law 7/1995, of March 23, on Consumer Credit.
REGULATION OF THE CUSTOMER SERVICE OF LA MERCANTIL FINANCIERA CARRIÓN, SA ESTABLISHMENT FINANCIERA DE CRÉDITO.
ARTICLE 1.- Purpose of this Regulation and definitions:
1. With the approval of ORDER ECO / 734/2004, of March 11, on customer service departments and services and the customer ombudsman of financial entities, the obligation has been established for financial entities to attend and resolve the complaints and claims presented by users of financial services related to their legally recognized interests and rights, whether they derive from contracts, from the regulations on transparency and customer protection or from good financial practices and uses. For these purposes, credit institutions, among others, must have a Customer Service department or Service.
The purpose of this regulation is to regulate the requirements and procedures that the aforementioned Customer Service must comply with for the attention, processing and resolution of complaints and claims submitted by users of financial services of FINANCIERA CARRIÓN, SA, EFC, or any natural or legal person that is considered affected by the actions of the entity, by virtue of ORDER ECO / 734/2004 of March 11. The Financiera Carrión Customer Service works with absolute autonomy and is separated from the other commercial and operational services of the organization, thus guaranteeing integrity in its decisions regarding the scope of its activity and avoiding conflicts of interest. The performance of the Customer Service, according to the nomenclature referred to in Order ECO / 734/2004, of March 11, on customer service departments and services and the customer ombudsman of financial institutions, will be governed by the aforementioned Order and by applicable regulations on transparency and customer protection.
2. In general, the entity FINANCIERA CARRIÓN, SA, EFC, is obliged to resolve the complaints and claims presented to it by the users of its financial services, within a period of two months from their presentation at any office of the entity or to the Customer Service.
3. Complaints related to the operation of financial services provided to users and presented due to delays, neglect or any type of deficient performance observed in their operation, and claims that have the claim of obtaining the restitution of your interest or rights, specific facts referring to actions or omissions of the entity that suppose for whoever formulates them a damage to their interests or rights.
ARTICLE 2.- The entity's duty of information in all its offices open to the public and on its website:
In all its offices open to the public and on its website, the entity will provide information regarding:
- The existence of the Customer Service, with its postal and electronic address.
- To the obligation of the entity to attend and resolve complaints and claims within the legal deadlines.
- The reference to the Department of Market Conduct and Claims of the Bank of Spain, as a claims service of the competent financial supervisor, specifying its postal and electronic address and the need to exhaust the prior channel of the Customer Service before go to said Department.
- To the full text of this Regulation,
- And the references to the regulations on transparency and protection of the financial services client.
ARTICLE 3.- Owner of Customer Service:
1. The holder of the Customer Service will be a person with commercial and professional honor and with adequate knowledge and experience to carry out their duties.
2. The owner of the Customer Service will be appointed by the Board of Directors of the entity.
3. The name of the holder must be communicated to the Complaints Service of the Financial Supervisors and to the Bank of Spain as the supervisory authority of credit institutions.
ARTICLE 4.- Duration of the mandate and possibility of renewal:
The holder of the Customer Service will be appointed individually by the Board of Directors of the entity FINANCIERA CARRIÓN, SA, EFC for a period of five years, automatically renewing the position for annual periods if three months before the date of compliance with the mandate, the entity does not communicate its intention to appoint another person.
ARTICLE 5.- Causes of incompatibility, ineligibility and termination:
1. The appointment as head of the Customer Service will be incompatible with the performance of tasks within the company related to the commercial aspect or any other that may be related to customers in such a way that their independence of criteria is questioned.
2. When the position is vacant, the Board of Directors of the entity must appoint, within a maximum period of 30 calendar days, the person to replace it.
3. They will not be able to exercise the position of holder of the Customer Service:
a) Bankrupt bankrupt not rehabilitated.
b) Those who are disqualified or suspended, criminally or administratively, to hold public office or administration or management of entities.
c) Those with a criminal record.
d) Those who have under their responsibility operational or commercial functions of the entity.
4. The holder of the Customer Service will cease to perform his functions due to the following circumstances:
a) Due to unforeseen disability.
b) For having been convicted by a final judgment in criminal matters.
c) By express resignation and in writing.
d) By resolution of the Board of Directors based on a manifestly negligent or improper action in the fulfillment of the obligations and duties of the position.
ARTICLE 6.- Matters of its competence:
All complaints and claims submitted are within its competence. The decisions of the Customer Service are binding on the entity but not on the claimant who, if accepted, will not have to renounce any subsequent right or instance in defense of their interests, without prejudice to judicial protection and recourse to others. mechanisms for conflict resolution and client administrative protection.
ARTICLE 7.- Obligations of the departments:
All departments or services of the entity must collaborate with the Customer Service, whenever it requests it, in everything that favors the best service of its functions and, especially, provide all the information that is requested by the former in matters within its competence and in relation to the issues that are submitted for its consideration.
ARTICLE 8.- Term for the presentation of the claim:
Customers may submit claims to the entity at any time from when they become aware of the reason for the complaint until after a maximum period of two years.
ARTICLE 9.- Form of presentation of complaints / claims:
Clients may present their complaints or claims in person or through duly accredited representation, on paper or by computer, electronic or telematic means, provided that these allow the reading, printing and conservation of the documents. The use of computer, electronic or telematic means must comply with the requirements set forth in Law 59/2003, of December 19, on electronic signature.
ARTICLE 10.- Claim procedure:
1. The claim procedure will be initiated at the request of the interested person by means of a document in which the following aspects must be compulsory.
a) Name, surname, ID or CIF for companies and data of the representative, if any.
b) Reason for the complaint or claim.
c) Office, department or service where the complaint originated.
d) Declaration that the claim is not in judicial, administrative or arbitration process.
e) Place, date and signature.
f) Documentary evidence that facilitates the treatment of the complaint or claim.
2. The claim can be submitted to the Customer Service Department or Service or at any office open to the public, as well as at the email address provided for this purpose, in compliance with the requirements set forth in Article 8 of these Regulations. .
ARTICLE 11.- Admission for processing:
Claims received by the offices must be sent to the Customer Service. All of the above without prejudice to the term established in the regulation for the resolution of the complaint or claim. The complaint or claim will be presented only once by the interested party. If the claimant has not sufficiently proven his identity or the facts that are the subject of the complaint or claim cannot be clearly established, the signer will be required to complete the documentation sent within ten calendar days, with the warning that if he does not do so, will file the complaint or claim without further processing. The period used to correct the errors will not be included in the calculation of the period provided for processing the claim. The claimant has the right to complete the documentation for which his file had been inadmissible, and if he did so after the deadline, a new claim will be opened for the same facts.
ARTICLE 12.- Rejection of claims:
1. The Customer Service may only reject the admission for processing of complaints and claims in the following cases.-
a) When essential data for the processing that cannot be corrected is omitted, including cases in which the reason for the complaint or claim is not specified.
b) When it is intended to process as a complaint or claim, resources or different actions whose knowledge is the competence of the administrative, arbitration or judicial bodies, or it is pending resolution or litigation or the matter has already been resolved in those instances.
c) When the facts, reasons and request in which the issues that are the subject of the complaint or claim are specified do not refer to specific operations or their legally recognized interests and rights, and derive from the contracts, from the regulations of transparency and protection of the clients or good financial practices and uses, in particular, the principle of equity.
d) When complaints or claims are made that reiterate previous resolved ones, presented by the same client in relation to the same facts.
e) When the deadline for the presentation of complaints and claims established by the operating regulations has elapsed.
2. When there is knowledge of the simultaneous processing of a complaint or claim and of an administrative, arbitration or judicial procedure on the same matter, the Customer Service Department or the customer ombudsman must refrain from processing it.
3. When the complaint or claim is deemed inadmissible for processing due to any of the aforementioned causes, the interested party will be notified by means of a reasoned decision. The claimant will have a period of ten calendar days to present their allegations. If, once received, the grounds for inadmissibility are upheld, the final decision adopted will be communicated to you.
ARTICLE 13.- Processing of claims:
The Customer Service may collect in the course of processing the files, both from the claimant and from the different departments and services of its entity, as many data, clarifications, reports or evidence as it considers pertinent to make its decision. All this must be carried out diligently by the departments in order to allow reaching a decision within the established deadlines.
ARTICLE 14.- Raid and withdrawal:
1. If in view of the complaint or claim, the entity rectifies its situation with the claimant to the satisfaction of the latter, it must notify the Customer Service. In this case, the complaint or claim will be filed without further processing.
2. Interested parties may withdraw their complaints and claims at any time. The withdrawal will lead to the immediate termination of the procedure as far as the claim with the interested party is concerned.
ARTICLE 15.- Completion and notification:
1. The file must be completed within a maximum period of two months, or within a month in the case of consumers, from the date the complaint or claim was presented to the Customer Service, at any office open to the public, or at the email address provided for this purpose.
2. In the case of consumers, they have the power to go to the Financial Supervisors after a period of one month in the absence of resolution from the Customer Service.
3. Consumers are warned that, after more than one year has elapsed since the filing of the claim with the entity or its Customer Service, they will not be able to present it to the competent claims services.
4. Currently, this entity does not provide payment services referred to in Royal Decree-Law 19/2018, of November 23, on payment services and other urgent measures in financial matters. If in the future it extends its activity to said payment services, it informs the eventual users of said services that the Customer Service has a period of fifteen business days to resolve the claims that they present.
5. The decision of the Customer Service will always be motivated and must contain clear conclusions about the request raised in each complaint or claim, based on the contractual clauses, the rules of transparency and customer protection, as well as good practices and financial uses. In the event that the decision deviates from the criteria expressed in similar files, the reasons that justify it must be provided.
6. The decision will be notified to the interested parties within ten calendar days from its date, by the means expressly designated by the claimant. In the absence of express indication of the claimant, the same means in which the complaint or claim was presented will be used for the answer.
7. The decisions that terminate the complaints and claims processing procedures shall expressly mention the power that assists the claimant in, in the event of disagreement with the result of the pronouncement, going to the Financial Supervisors' Complaints Services.
8. In the absence of resolution, and after proving that a period of two months or one month in the case of consumers has elapsed, from the presentation of the complaint or claim, the client is assisted by the possibility of going to the Claims Services of the Financial Supervisors.
In other words, for claims submitted by consumers, it will be enough for a period of one month to elapse if the SAC does not resolve, so that they have the power to go to the claims services of the financial supervisors.
ARTICLE 16.- Relationship with the Financial Supervisors Claims Services:
The Customer Service Department must attend, through a person designated for this purpose, the requirements that the Financial Supervisors' Claims Services may make on them in the exercise of their functions, within the deadlines that they determine, in accordance with the provisions. .
The entity FINANCIERA CARRIÓN, SA, EFC, will adopt the necessary decisions to facilitate the transmission of the data and documents that are necessary in the exercise of its functions with the aforementioned Claims Services of the Financial Supervisors, so that these are made by telematic means through the use of the electronic signature, in accordance with the provisions of article 4 of Law 59/2003, of December 19 and its implementing regulations.
ARTICLE 17.- Annual report:
1. Within the first quarter of each year, the Customer Service will present to the Board of Directors, an explanatory report on the development of its function during the preceding year, in which it will be collected.-
a) A statistical summary of the complaints and claims dealt with, with information on their number, admission for processing and reasons for inadmissibility, reasons and questions raised in the complaints and claims and amounts and amounts affected.
b) A summary of the decisions issued, indicating the favorable or unfavorable nature for the claimant.
c) The general criteria contained in the decisions.
d) Finally, the recommendations or suggestions derived from their experience will be included, with a view to better achieving the purposes that inform the performance of this Service.
2. The report will be included in the entity's annual report.
ARTICLE 18.- Approval by the Board of Directors and submission for verification by the Bank of Spain.
These Regulations have been approved by the Board of Directors of Financiera Carrión, SA, Financial Credit Establishment and have been submitted for verification by the Bank of Spain.