The procedure for out-of-court resolution
The Financial Ombudsman performs out-of-court resolution of disputes between consumers of financial services and financial organizations. The Financial Ombudsman conducts the activities on the basis of the Federal Law “On the Ombudsman for the Rights of Consumers of Financial Services.” The Financial Ombudsman is independent of government bodies, organizations, and officials.Next
The procedure for submitting complaints
Before sending an 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).Next
The procedure for reviewing complaints
In case of acceptance of the complaint for a review, the Financial Ombudsman is obliged to review and make a decision on it within the time limits set by law. Based on the results of the review of the complaint, the Financial Ombudsman makes a decision on its full or partial satisfaction or on the refusal to satisfy it.Next
The procedure for execution of the Financial Ombudsman’s decisions
The Financial Ombudsman’s decision shall be communicated to the financial organization within one business day from the date of its adoption.
The Financial Ombudsman’s decision is subject to execution by the financial organization no later than in the period specified in the decision.Next
Frequently Asked Questions
Step 1. If you have any disagreements with a financial institution, you have to send a claim to the financial institution with which you have a dispute before before sending a complaint to the FOS.
The financial institution has to review your claim and send you a response within 30 calendar days from the day following the day the claim was submitted to the financial institution. The law also provides for such cases when a response has to be sent to you within 15 business days (Article 16, part 2, clause 1 of Law No. 123-ФЗ).
Standardized form of complaint for a consumer of financial services (to be electronically sent to the financial institution)
If the response received does not suit you or you have not received it within the specified time, proceed to the Step 2.
Step 2. Send an complaint to the FOS.
The Financial Ombudsman Service (FOS) recommends that consumers send electronic complaints through their personal accounts on the FOS official website.
If you are unable to send the complaint electronically, you can send a printed copy by post to the following address: 119017, Moscow, Staromonetny pereulok, 3, The FOS Consumers’ Support Service.
Reception of consumers in person and personal reception of correspondence has been temporarily suspended on the premises of the FOS Office Support Service due to the threat of the spread of the coronavirus infection (2019-nCoV). All further changes will be announced later.
Within three business days from the date of receiving the complaint, you will be notified of it being accepted for review or denied consideration.
The possibility of an appeal by the consumer’s representative (other than a legal one) is not provided for by law.
You have to attach the following to your complaint:
- a copy of your claim to the financial institution;
- a copy of the financial institution’s response to your claim (if any);
- a copy of the contract with the financial institution (for instance, the insurance policy which enabled you to apply to the insurance organization);
- a copy of other documents on the merits of the dispute (for example, a copy of the notice of delivery of your claim);
- copies of documents confirming the authority of the legal representative of the consumer of financial services (when sending the complaint through a legal representative);
- a copy of the payment document confirming the payment of fees for the review by the FOS of the application of third parties (in the case of a referral by a third party who has been assigned the financial services consumer’s right to call on a financial organization under an agreement on assignment of claim rights).
Please note that an independent expert review is not required to submit an complaint to the FOS. If needed, an independent review will be done at the FOS initiative.
- The consumer has not previously filed a claim with a financial institution.
- The financial organization to which the consumer makes claims does not interact with the FOS and, therefore, is not included in the Register or in the List of interacting organizations.
- The amount of the consumer’s claim to the financial institution exceeds 500,000 rubles (this restriction does not apply to claims under Compulsory Motor Liability Insurance contracts).
- The appellant is not a consumer of financial services, nor a legal representative of the consumer, nor the person to whom the right to call on a financial organization under an agreement on assignment (cession) of claim rights has been assigned.
- More than three years have passed since the day when the consumer learnt or was supposed to learn about the violation of his right.
- The consumer’s complaint is sent against a financial institution that has been excluded from the register of financial organizations of the appropriate type (for example, an insurance organization has been excluded from the unified state register of insurance entities), whose licence has been revoked (cancelled) or which has been liquidated (is in the process of liquidation) or ceased operations.
- The case is pending or has already been examined in court on the same dispute and ground.
- There already is a FOS decision or an agreement between the parties on the same dispute and ground.
- The complaint with the same demands has already been accepted by the FOS for review.
- Demands in the complaint concern compensation for non-pecuniary damage or compensation for losses in the form of lost profits.
- Demands in the complaint concern labour, familial, administrative, tax legal relations and/or the collection of mandatory payments and sanctions provided for by the legislation of the Russian Federation.
- Demands in the complaint concern the bankruptcy of individuals or legal entities.
- The settlement is achieved through a mediation process.
- The text of the complaint is illegible.
- The complaint contains obscene or offensive language, threats to life, health and property of the financial ombudsman or other persons.
If your complaint has been accepted for consideration, the FOS examines it and makes a decision within the following terms:
- 15 working days if the complaint was received from a consumer of financial services or from a consumer’s legal representative;
- 30 working days if the complaint was received from a person to whom the right to call on a financial organization under an agreement on assignment (cession) of claim rights has been assigned.
The periods above are calculated from the day following the day of transfer of the complaint to the FOS.
If an independent examination is required on the subject of the dispute, review is suspended for the period of the examination, but for no longer than 10 working days.
If a decision is made on the in-person consideration of the complaint, the FOS notifies the consumer and the financial organization about it, and the review is suspended until both parties receive such a notification.