Banca Carige Group has been a member of the Banking and Financial Arbitrator since its inception (15 October 2009). This is a system for the out-of-court settlement of disputes between customers and banks and other intermediaries concerning banking and financial transactions and services.
The decisions of the ABF are not as binding as those of the court but if the intermediary does not respect them, its non-compliance is made public. It is an independent and impartial body that decides the dispute within a few months.
The entry into force of Legislative Decree no. 28/2010 on compulsory mediation has made recourse to the ABF a condition for prosecution.
WHO CAN HAVE RECOURSE TO THE ABF
The only person entitled to have recourse to the ABF is the customer, understood as one who has or has had a contractual relationship with the intermediary or who has simply entered into a relationship with it for the provision of banking and financial services.
The customer can turn to the ABF only after having tried to solve the problem directly with the bank or the intermediary, submitting a complaint to them, even without the assistance of a lawyer, subject to payment to the ABF of administrative charges of € 20.00.
If he is not satisfied even with the decisions of the Arbitrator, he can still resort to any other means of protection provided by law. In fact, it remains possible to initiate legal proceedings or resort to conciliation or arbitration.
SCOPE OF APPLICATION OF THE ABF
In general, "disputes relating to banking and financial transactions and services" and, in particular, questions relating to transactions or conduct after 1 January 2007 concerning the subject matter may be submitted to the ABF:
assessment of rights, obligations and powers, regardless of the value of the relationship to which they relate
the request for payment of a sum of money for any reason, provided that the amount requested does not exceed EUR 100,000.
As from 1 July 2012, disputes relating to transactions and conduct after 1 January 2009 may be submitted to the ABF.
They are excluded from the competence of the ABF:
disputes relating to investment services and activities
claims for damages which are not an immediate and direct consequence of the non-performance or infringement of the intermediary, matters relating to tangible goods or services other than banking and financial services which are the subject of the contract between the customer and the intermediary or related contracts
appeals in connection with disputes which have already been submitted to the judicial authority, which have been referred to arbitration or for which an attempt at conciliation under the law is pending (the appeal is, however, possible in the event of a bankruptcy of the conciliation procedure)
disputes relating to transactions or conduct prior to 1 January 2007.
COMPOSITION OF THE ABF
The body is divided into three colleges (Milan, Rome and Naples) with territorial competence identified on the basis of the domicile of customers. Each board has its own technical secretariat, which has the task of:
receive the appeal
certify that the application is incomplete or irregular or that it has been lodged after the prescribed time limit (application inadmissible) and inform the parties accordingly
receive the documentation provided by the intermediary to explain its position (counter-deductions) together with the documents relating to the complaint submitted to the intermediary
verify that the documentation is complete and regular and that the intermediary has respected the deadlines for sending it
ask the parties for any additions to the documentation already submitted, if this is necessary for the decision.
A coordination body has been set up to examine appeals on matters of particular importance or which have led to inconsistent behaviour among the individual bodies.
FIND OUT HOW TO USE ABF
For more information, please visit www.arbitrobancariofinanziario.it