THE OMBUDSMAN PROCEDURE EXPLAINED BRIEFLY
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Neutral information and mediation office
The Swiss Banking Ombudsman acts as an information and mediation office for clients of banks and financial service providers affiliated with the Swiss Bankers Association, without any authority to issue judgments. It deals with specific questions and complaints relating to banking and financial services.
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Many oral enquiries are dealt with directly
Procedural and other questions, for example regarding contracts, services, or standard banking practices, can be answered quickly, easily, and without any administrative effort for the client by phone. In this process, the Ombudsman can also gain an overview of the situation and discuss the next steps together with the customer.
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More complex cases require a written submission
As a neutral mediator, the Ombudsman must be aware of the positions of both parties. He generally becomes involved only after the clients have submitted their complaint in writing to the management or complaints office of the financial institution and the institution has had the opportunity to respond to the claims and arguments. If no agreement is reached in this way, the clients may submit their file to the Ombudsman for review.
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The Ombudsman forms an independent opinion
In order to propose a solution, the Banking Ombudsman can do whatever he deems necessary to ensure a free and independent opinion. The Ombudsman often asks for an additional statement from the financial business concerned in order to gain as comprehensive a picture as possible. Like the financial institution, the Banking Ombudsman is bound to confidentiality. Therefore, the client’s consent is always required before contacting the financial institution.
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The Ombudsman decides on the course of action
If, after reviewing the documents and information available, the Banking Ombudsman concludes that there are no indications of misconduct by the financial institution, or that mediation appears unlikely to succeed, he informs the client, usually with a written explanation.
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Conclusion of the Ombudsman procedure:
The Ombudsman proposes an amicable settlementIf the financial institution is willing to make an appropriate correction, the client must decide whether to resolve the dispute by accepting the offer or to pursue legal action nonetheless.
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Conclusion of the Ombudsman procedure:
The financial institution is not willing to make a correctionIf the financial institution refuses, despite the Ombudsman’s request, to present a proposed solution to the client, the procedure is closed without result. The client may then decide whether to pursue legal action.
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Conclusion of the Ombudsman procedure:
No misconduct by the financial institution or disagreement on the factsIf the available evidence does not confirm any misconduct by the financial institution, or if there is a disagreement regarding the facts, the Ombudsman informs the client and closes the procedure.
For further information, please refer to the Rules of Procedure of the Swiss Banking Ombudsman.
