Principles of the procedure

The Ombudsman checks the requirements and relevant documents

As a neutral mediator, the Ombudsman must know the positions of both parties. He brings in his expertise with the necessary distance and analyses the different viewpoints. As a matter of principle, the Banking Ombudsman only becomes active after the client himself has submitted his complaint in writing to the Management or Complaints Management Office of the financial business and has given the latter the opportunity to comment on his demands and arguments or to settle the matter directly. If no agreement can be reached in this way, the client may submit his file to the Ombudsman for examination.

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. The Banking Ombudsman, like the financial business, is bound to confidentiality. Therefore, he always requires the authorization of the client to contact the financial business. In order to form an opinion, the Ombudsman can also request further information and documents from the client.

The Ombudsman decides on the action

If, after having looked into the documents and information available to him, the Banking Ombudsman comes to the conclusion that there are no indications of a wrongdoing on the part of the financial business, or if a mediation appears to have no chance of success, he informs the client, usually with a written explanation.

If the analysis shows that there are indications of a wrongdoing on the part of the financial business which has caused damage or disadvantage to the client and if a mediation does not appear to be hopeless from the beginning, the Ombudsman contacts the financial business.

If the financial business is willing to settle the dispute, the Ombudsman will forward its offer for an amicable settlement. The client must then decide whether to settle the dispute by accepting the offer.

If, despite the proposal from the Ombudsman, the financial business refuses to offer the client a solution, the case is closed without result. A copy of the respective notice to the client is sent to the financial business. The client must then decide whether to take legal action.

If the indications of a wrongdoing on the part of the financial business cannot be substantiated in the course of the intervention with the financial business, or if they are disproved, the Ombudsman informs the client and closes the procedure with a notice of which a copy is sent to the financial business.

In cases where crucial facts of a dispute are presented differently by the client and the financial business, the matter can usually not be resolved in the Ombudsman procedure, especially if both parties insist on their respective position and if no clear evidence is submitted. The Ombudsman must in such cases terminate the mediation without result and issues a final notice to the client with copy to the financial business. The client is free to further submit the matter to the competent court.

The procedure in brief

Answers to various questions about the procedure can also be found at Frequently asked questions.

Submit your file (by post or online)

The following documents must be submitted to the Ombudsman:

Important: Do not submit original documents to the Ombudsman, only copies.

  • A letter to the Ombudsman setting out in a clear and comprehensible way the facts of the case, the problem and your points of complaint. The letter must also contain a substantiated description of your expectations and claim, as well as reasonable arguments and a comprehensible calculation of the damages claimed: What should be achieved with the financial business? On what basis? Why do you disagree with the statements of the financial business?

  • A copy of your complaint letter to the Management or Complaints Management Office of the financial business. This letter must contain a specific claim, a comprehensible justification and a request for a written reply.

  • A copy of the financial business’ reply to your complaint.

  • Copies of other correspondence with the financial business in the complaint matter.

  • Copies of important documents such as contractual documents, bank statements, etc.

  • Your consent, that the Ombudsman may request information from the financial business. Normally, this consent is provided by means of the Authorization Form.

After an initial examination of the documents submitted, the Ombudsman may ask the client to submit further documents.

Do you have any further questions? Please consult first our Frequently Asked Questions or give us a call.
Phones are open daily from 08.30 – 11.30 a.m. (M.E.T.):

+41 43 266 14 14 German / English
+41 21 311 29 83 Français / Italiano

Submit your file (by post or online)

Step 1: Please answer the following questions

According to the Rules of Procedure, the Banking Ombudsman is responsible for member institutions of the Swiss Bankers Association.

The ombudsman can only deal with complaints if the client can demonstrate that a tangible damage or disadvantage has occurred. So, for example, if you feel that you have been treated in an inappropriate or unfriendly manner without a concrete damage having occurred, please contact the Management or the Complaints Management office of the financial business in writing.

First address your complaint with your specific claim and a comprehensible justification by letter to the financial business and ask it for a written response. If this is unsatisfactory, you can turn to the Banking Ombudsman.

If a court, arbitration tribunal or administrative authority is or has been seized of the case, the Banking Ombudsman cannot generally intervene.

Step 2: Documents

Important: Do not submit original documents to the Ombudsman, only copies. The Ombudsman normally requires the following documents:
  • A letter to the Ombudsman setting out in a clear and comprehensible way the facts of the case, the problem and your points of complaint. The letter must also contain a substantiated description of your expectations and claim, as well as reasonable arguments and a comprehensible calculation of the damages claimed: What should be achieved with the financial business? On what basis? Why do you disagree with the statements of the financial business?
  • A copy of your complaint letter to the Management or Complaints Management Office of the financial business. This letter must contain a specific claim, a comprehensible justification and a request for a written reply.
  • A copy of the financial business’ reply to your complaint.
  • Copies of other correspondence with the financial business in the complaint matter.
  • Copies of important documents such as contractual documents, bank statements, etc.
  • Your consent, that the Ombudsman may request information from the financial business. Normally, this consent is provided by means of the Authorization Form.
 

Please copy the necessary documents and complete and sign the authorisation form. For online submission, please scan the documents.

 

Step 3: Submission by post or online

You have the option of submitting your file by post or online.

Shipping by post to:
Schweizerischer Bankenombudsman
Bahnhofplatz 9
P.O. Box
8021 Zurich
Switzerland

or

Online submission: Once you have scanned all documents, you can upload them here: Online form

Restrictions

  • The Banking Ombudsman cannot influence financial businesses on their business and tariff policy issues. For example, he is not allowed to question credit decisions, to object to a schedule of fees for services or to influence the design of service offers.
  • It may happen that a certain case is not suitable for the Ombudsman procedure or that the procedure will not be initiated or has to be terminated without result for another reason (e.g. lack of prospects, questions of evidence). In such a case, the client is free to go to the ordinary courts.
  • If a court, arbitration tribunal or administrative authority is or has been seized of the case, the Banking Ombudsman generally cannot intervene.
  • The Ombudsman does not carry out investigations or formal evidence procedures. He assesses the case on the basis of information and documents submitted by the parties.

  • The Ombudsman has no decision-making power. He can make his own factual and legal assessment of the dispute and propose solutions to the parties, but he cannot issue binding instructions.

  • The Banking Ombudsman is not responsible for abstract legal and economic issues and does not provide expert opinions.

Periods/Limitation

  • The Ombudsman procedure usually takes one to two months. Simpler cases can also be dealt with within a shorter period. With increasing complexity, a procedure may take longer.
  • The client’s intervention with the Banking Ombudsman does not suspend or interrupt the course of legal deadlines (limitation periods, forfeiture periods, court or administrative time limits). It is the client’s responsibility to ensure that such periods are observed.