The Financial Ombudsman provides a form for financial market entities to report statistics related to complaints and court proceedings. The data is collected for the purposes of the Financial Ombudsman’s report.
Link: https://forms.gle/aetQAPY9aByphPsW7
Please note:
Submitting the report to the Financial Ombudsman is a statutory obligation under Article 33 of the Act of August 5, 2015, on Complaint Handling by Financial Market Entities, on the Financial Ombudsman, and on the Financial Education Fund.
According to Article 33, financial market entities must submit to the Ombudsman, within 45 days of the end of the calendar year, an annual report on the handling of complaints and the number of cases in which clients of these entities pursued legal proceedings due to complaints not being resolved in their favor. The report should include:
- The number of complaints;
- Claims accepted and not upheld as a result of submitted complaints;
- Information on the value of claims raised in lawsuits and amounts awarded by final court decisions in favor of clients during the reporting period.
Under Article 2, point 2 of the Act, a complaint is defined as a request addressed to a financial market entity by its client, in which the client raises objections concerning the services provided by the entity.
Under Article 2, point 3 of the Act, a definition of financial market entity includes the following:
- Payment institutions, small payment institutions, providers of account information access services, providers exclusively offering account information access services, payment service offices, electronic money institutions, and branches of foreign electronic money institutions as defined in the Act of August 19, 2011, on Payment Services.
- Domestic banks, foreign banks, branches of foreign banks, branches of credit institutions, and financial institutions as defined in the Act of August 29, 1997—Banking Law.
- Investment fund companies and investment funds, as well as alternative investment fund managers and alternative investment companies as defined in the Act of May 27, 2004, on Investment Funds and the Management of Alternative Investment Funds.
- Cooperative savings and credit unions as defined in the Act of November 5, 2009, on Cooperative Savings and Credit Unions.
- Investment firms as defined in the Act of July 29, 2005, on Trading in Financial Instruments.
- Domestic insurance undertakings, foreign insurance undertakings, main branches, and branches as defined in the Act of September 11, 2015, on Insurance and Reinsurance Activitie
- Pension funds and pension societies as defined in the Act of August 28, 1997, on the Organization and Operation of Pension Funds.
- Loan institutions, meaning creditors as defined in the Act of May 12, 2011, on Consumer Credit.
- The Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau.
- Mortgage credit intermediaries as defined in the Act of March 23, 2017, on Mortgage Credit and Supervision of Mortgage Credit Intermediaries and Agents.
- Credit intermediaries as defined in the Act of May 12, 2011, on Consumer Credit.
- Insurance brokers, as well as insurance agents and agents offering complementary insurance acting on behalf of more than one insurance company within the same class of insurance, as defined in the appendix to the Act of September 11, 2015, on Insurance and Reinsurance Activities, in areas unrelated to insurance coverage (multi-agents).
- Providers of crowdfunding services referred to in Article 2(1)(e) of Regulation 2020/1503.
- Entrepreneurs engaged in pawnbroking activities as defined in the Act of April 14, 2023, on Consumer Pawn Loans.
- Providers of Pan-European Personal Pension Products (PEPP) as defined in Article 2, point 15 of Regulation (EU) 2019/1238 of the European Parliament and of the Council of June 20, 2019, on a Pan-European Personal Pension Product (PEPP).
- Distributors of PEPP as defined in Article 2, point 16 of Regulation (EU) 2019/1238 of the European Parliament and of the Council of June 20, 2019, on a Pan-European Personal Pension Product (PEPP).