The procedure for submitting complaints

Before sending a complaint to the Financial Ombudsman, it is necessary to check whether the financial organization is included in the register of financial organizations obliged to organize interaction with the Financial Ombudsman (hereinafter referred to as the Register), or in the list of financial organizations organizing interaction with the financial authorized representative on a voluntary basis (hereinafter referred to as the List).

If the financial institution is included in the Register or the List, it is necessary to check whether the complaint is subject to review by the Financial Ombudsman: the Financial Ombudsman reviews the complaint in relation to the financial organization included in the Register or the List if the amount of property claims to the financial organization does not exceed 500,000 rubles. The exception is cases where claims arise from a violation by the insurer of the procedure for insurance compensation established by the Federal Law of 25.04.2002, No. 40-FZ “On Compulsory Third Party Liability Insurance of Vehicle Owners” or if the requirements of the consumer of financial services of a property nature are related to concluding, implementing or terminating a pension contract and (or) a contract on compulsory pension insurance, or are related to the claims for the return of pension savings to the previous insurer under compulsory pension insurance due to non-conclusion of a contract on compulsory pension insurance on the grounds that the insured person’s application for transfer (early transfer) from the Pension and Social Insurance Fund of the Russian Federation to a non-state pension fund, or from one non-state pension fund to another, and (or) if a contract on compulsory pension insurance was signed by someone other than the consumer of financial services or his/her authorized representative. In such cases there is no restriction on the size of the claimed property claims. In case of violation by the insurer of the procedure for insurance compensation established by the abovementioned law, consumer has a right to file, for example, a claim for referral to repair a car.

Prior to submitting a complaint to the Financial Ombudsman, one must make an application to restore an infringed right (claim) to the financial institution to which there is a claim. 

The application may be sent in electronic or written form. 

A financial institution is obliged to review the application to restore an infringed right (claim) and send a response within 30* calendar days from the day following the day the financial institution received the application to restore an infringed right (claim). If the last day of the period falls on a non-business day, the end of the period is considered to be the next business day following it. 

The law also provides for cases when a response must be sent to a consumer within 15* business days. Reduced period of 15 business days applies only if three conditions are simultaneously met:

1.    no more than 180 days have passed from the date the consumer's rights were violated;

2.    the complaint was sent by the consumer to the financial institution in electronic form;

3.    the claim is made in a standard form, which is approved by the OFSC.  

* In disputes with non-state pension funds concerning the unlawful transfer of pension savings, the statutory deadline for responding to applications to restore an infringed right (claim) differs from the terms specified above and is 40 calendar and 20 business days respectively.

The financial institution is obliged to send a response to the application to the e-mail address and in case of its absence to the postal address.

If the response has been received but it doesn’t suit** the consumer or the consumer has not received it within the time limit established by law, the consumer has the right to submit an application to the Financial Ombudsman.

** In disputes related to the unlawful transfer of pension savings, in order to restore his/her rights, the consumer submits an application to the Financial Ombudsman even if the non-state pension fund agrees with the stated requirements and the consumer has concluded an agreement containing information about the non-conclusion of an agreement on compulsory pension insurance.

Acceptance and review of complaints by the Financial Ombudsman is free of charge, with the exception of complaints submitted by persons to whom the right of the consumer of financial services to the financial institution is assigned.

A complaint to the Financial Ombudsman can be sent in one of the following ways:
•    In electronic form through a personal account on the Financial Ombudsman’s website.
•    In electronic form on the UIAS «State Services» website (Russian Federal portal of Unified Identification and Authentication System).
•    In writing on paper to the Financial Ombudsman’s office.

Requirements for the content of the complaint are established in Art. 17 of the Federal Law of June 4, 2018, No. 123-FZ “On the Ombudsman for the Rights of Consumers of Financial Services”.

The complaint must be accompanied by the copy of the application to restore an infringed right (claim) to the financial institution and the copy of response thereto (if any), as well as available copies of the contract with the financial organization and other documents concerning the essence of the requirements.

If the complaint does not meet the requirements for its form established by law, or is sent in violation of the direction of the application, employees of the OFSC are required to clarify to the claimant the procedure for submitting the complaint. If necessary, the consumer can contact the OFSC, where he will be offered assistance with the procedure of submitting the application.

Within 3 business days from the date the application is received by the OFSC, a notification shall be sent to the consumer that the application has been accepted for consideration or refusal to accept it for consideration.

If the financial institution in respect of which the consumer intends to submit a complaint is not included in the Register or the List, the consumer has to go to court without submitting a complaint to the Financial Ombudsman.