[[#ex]]
Which of the two procedures to choose: a complaint or a dispute procedure?
The examination of complaints and settlement of disputes are separate procedures regulated by different legislation, with different time limits during which actions varying in nature are carried out and/or decisions are taken.
Which of the two procedures to choose?
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Examination of a complaint |
Settlement of a dispute |
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What is the role of the Bank of Lithuania? |
It performs the market supervision function. |
It settles disputes between consumers and financial market participants out of court.
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What legislation is the examination of complaints and the settlement of disputes at the Bank of Lithuania based on? |
Article 7 of the Republic of Lithuania Law on the Bank of Lithuania
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Article 47 of the Republic of Lithuania Law on the Bank of Lithuania
Section Six of the Republic of Lithuania Law on Consumer Protection
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Who can apply? |
Natural and legal persons.
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Only natural persons who use a certain financial service provided to them to meet their personal, family or household needs rather than their business or professional activity needs. |
What does the Bank of Lithuania consider? |
It assesses the compliance of financial market participants’ decisions and/or actions with legislation regulating the financial market.
In examining complaints, it does not resolve disagreements and/or disputes of an individual nature. |
It assesses whether a decision taken by a financial market participant is reasonable and whether a consumer has incurred losses because of this decision. In other words, consumer claims to a financial market participant arising from the financial services agreement are taken into account (e.g. reimbursement of unjustifiable write-offs of disputed payments, compensation for damages, recognition of an event as insured, payment of insurance claims, etc.).
In settling consumer disputes, it does not carry out inspections in order to determine compliance with the requirements laid down in legislation regulating the financial market. |
What actions does the Bank of Lithuania take?
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It assesses factual circumstances indicated in a complaint, presents a conclusion on a potential violation of legislation regulating the financial market and specifies supervisory actions it has taken or plans to take.
Factual circumstances may not be assessed if that is not in line with the aims of risk-based financial market supervision carried out by the Bank of Lithuania. |
After assessing the information provided, it takes one of the following recommendatory decisions:
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What are the time limits for examining an application? |
A complaint is examined within 20 working days. If a case is complicated, the time limit for the examination of a complaint may be extended for another 20 working days. |
It is examined within five working days if a dispute has to be settled at the Bank of Lithuania, and the applicant is informed thereof within three working days. Upon examining the information provided, a recommendatory decision is taken within 90 calendar days. The average out-of-court settlement of consumer disputes at the Bank of Lithuania lasts 80 days. |
What are the possibilities for appealing against a reply received from the Bank of Lithuania? |
A reply is appealed against within one month from the date of submission of the reply of the Bank of Lithuania to the Vilnius Regional Administrative Court (Žygimantų g. 2, LT-01102 Vilnius). |
The decision is recommendatory in nature and is not subject to appeal. Nevertheless, even if the Bank of Lithuania has taken a decision, the parties to a dispute (the applicant and a financial service provider) retain the right to apply to a court. |
Where can I find detailed information on the procedures? |
https://www.lb.lt/en/complaints-against-a-financial-service-provider |
https://www.lb.lt/en/dbc-settle-a-dispute-with-a-financial-service-provider |
[[#ex]]
A complaint is a written application from an individual stating that their rights or legitimate interests have been violated in relation to a possible breach of law by a financial market participant. The Bank of Lithuania handles requests and complaints from individuals in accordance with the Rules for the examination of requests and complaints of individuals and the provision of services to them at the Bank of Lithuania (270.3 KB download icon).