The FINANCIAL OMBUDSMAN of the Republic of Cyprus and complaints against financial businesses

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Any individual can submit a complaint to the Financial Ombudsman against financial businesses, regarding a protest or objection or dispute of value up to the amount of one hundred and seventy thousand euro (€ 170.000), provided that the conditions are cumulatively met, under provision of articles 9 and 10 of the Law 84(Ι)/2010, as amended or replaced.

These conditions are as follows:

(a) The complaint is submitted by a consumer.

(b) The consumer has previously addressed his complaint in writing to the financial business against which the complaint is directed, within fifteen (15) months from the date he/she became aware or reasonably should have become aware of the damaging act or failure of the financial business or the fact that he/she had reason for submitting a complaint.

(c) The consumer has received a reply to the complaint from the financial business, which does not satisfy him/her, within a specified period of three (3) months from the date of receipt of the complaint or has not received a reply from the financial business and the three-month period has expired. The complaint is submitted to the Financial Ombudsman within a specified period of four (4) months from either the date of receipt of the reply from the financial business or the deadline of the three-month period during which the financial business had to respond to the consumer.

(d) The financial business the complaint is directed against must have been in operation, under legal authorization or under the freedom of establishment regime, at the period referred to in the complaint.

(e) The transaction falls under the supervision of the responsible supervisory authority.

(f) A decision on the same complaint has not already been issued by a Court of the Republic and a judicial procedure is not pending for the enquiry of the same complaint.

 

The complaint can be submitted to the Financial Ombudsman in one of three (3) ways:

(a) By hand or by post

(b) By facsimile (fax)

(c) By electronic mail

 

The complaint must be accompanied by a receipt of payment of the fee of twenty euro (€20)

 

FALSE STATEMENTS AND CONCEALMENT OF INFORMATION

Under article 26 of the Law 84(Ι)/2010 (as amended or replaced), whoever knowingly makes false, misleading or fraudulent statement or conceals an essential element or in any way obstructs the complaint investigation by the Financial Ombudsman, during the process of providing information for the purposes of the Law or Directives issued under it, is guilty of an offense and on conviction is subject to imprisonment not exceeding two years or to a fine not exceeding ten thousand euro (€ 10,000) or to both such penalties.

 

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