Anyone who has ever dealt with advertising a defective product is probably aware that it can be a difficult or even ineffective process. However, this is the right of every consumer and can be used if it is believed that the loan company has failed to comply with its obligations or has violated the rights of the borrower.
When is the borrower entitled to a complaint?
Under the law, the lender has the right to complain in any case in which the lender does not comply with the conditions set out in the contract or implements them in another way less favorable to the borrower. Usually it is unlawful accrual of costs, preventing early repayment of a loan or withdrawal from a loan agreement, and even including late loan repayment as refinancing without the client’s request and consent. Interestingly, the frequent reason for the complaint may be too late payment of the loan. In addition, a complaint is also available if you are dissatisfied because of the quality of customer service.
How to write a complaint?
The complaint letter does not have to be written in a predetermined, uniform pattern. So it will be difficult to find a pattern that fits all situations. Some loan companies provide the appropriate form themselves, but there is no obligation to use it – the form of submitting a complaint should not affect its positive or negative consideration, as long as it contains certain elements.
Every letter regarding a defective product should bear a visible complaint, preferably in the headline. The next formal elements that should be included in the complaint are data on the loan agreement and its both parties. In addition, it is necessary to clearly indicate the reasons for its submission and sometimes also to properly document the situation.
A complaint letter may be delivered to a loan company in paper form to the seat of a loan company or sent by e-mail. In both cases, it should be ensured that in the event of a further dispute or mediation action, it should have proof that the loan company has received the letter. Therefore, it is best to send the paper form by registered mail with acknowledgment of receipt, similarly to electronic form – with confirmation of reading the message.
Obligations of the loan company
Lenders are bound by the provisions of the Consumer Credit Act and the Act on handling complaints by financial market entities and the Financial Ombudsman. Based on them, each company is required to include in the loan agreement the rules and procedure for complaint proceedings, i.e. the manner and place of submitting a complaint, the deadline for its consideration by the lender and the manner in which the borrower will be informed of the final decision.
Complaints should also be considered in accordance with the general provisions of law and good business practices. The loan company has 30 days to reply to a complaint. If he does not comply with this obligation and does not inform the customer about it, the complaint will automatically be considered justified and considered in favor of the customer. In special cases this period may be extended to 60 days.
Filing a complaint does not release borrowers from compliance with the conditions
Just submitting a complaint, which has not yet been considered (no matter how), does not exempt the borrower from paying the loan on a regular basis. This is particularly important in the case of payday loans, which are most often taken for 30 days, i.e. the same as the final date for considering the complaint. Unfortunately, the loan company should not be expected to do so sooner. General practice shows that not only financial entities make full use of their time. Even despite the default or breach of the borrower’s rights, the loan should be repaid and only then the debt should be claimed. In the event of non-payment, the loan company will certainly start charging penalty interest and sending paid reminders, the price of which may reach several dozen zlotys each time.
Advertise or withdraw from the contract?
The complaint is a finding of some misconduct on the part of the lender and demanding that the error be rectified or, if this is not possible, provide the borrower with compensation. If the condition cannot be met by the loan company and at the same time the borrower cannot receive compensation or expects it to be unsatisfactory, a better solution may be to withdraw from the loan agreement to which the borrower is entitled within 14 days without giving cause. This can happen when the loan company is late paying out the free payday loan.
Complaint about a complaint – a spokesperson for UOKiK will help
The Consumer Ombudsman, next to the Financial Ombudsman, is the body that has the greatest impact on borrowers. His services are free and are not limited to giving advice, but also to mediate a dispute between a customer and a loan company or to represent him in court. The lack of response to the complaint or its unconditional rejection without giving a reason is the reason to go to a spokesman for UOKiK.