Article 1.- Purpose, scope and domicile.
The present procedure for the resolution of claims, tries to regulate the form and terms for the resolution of the claims that may be raised to AGENCIA MEDITERRANEA DE INTERMEDIACION Y ASESORAMIENTO, S.L. (hereinafter AGENCIA MEDITERRÁNEA), having been approved by agreement of the extraordinary General Meeting of the company held at the registered office of the same in Valencia on July 15, 2009.
Independently of this procedure, complaints and claims presented by potential borrowers, guarantors or guarantors that are related to their legally recognized interests and rights, and that derive from alleged breaches of this Law, its implementing regulations, standards or applicable good financial practices and uses, shall be resolved by the entity for the resolution of consumer disputes in the financial sector referred to in the first additional provision of Law 7/2017, of 2 November, which incorporates into Spanish law Directive 2013/11/EU, of the European Parliament and of the Council, of 21 May 2013, on the alternative resolution of consumer disputes.
Until the entry into force of the Law provided for in the first additional provision of Law 7/2017 of 2 November incorporating into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on the alternative resolution of consumer disputes, the complaints service of the Banco de España, regulated in Article 30 of Law 44/2002, of 22 November, on Measures to Reform the Financial System, will deal with complaints and claims submitted by potential borrowers, borrowers or guarantors, which are related to their legally recognised interests and rights, and which derive from presumed breaches by the entities complained of, of the regulations on transparency and protection of customers or of good financial practices and uses.
Potential borrowers, guarantors or guarantors will be informed of all of the above.
The Complaints and Claims Resolution Service is a body endowed with autonomy and independence from the rest of the Areas and Departments that exist in AGENCIA MEDITERRANEA, and was created for the purpose of dealing with complaints and claims. The decisions of the Complaints and Claims Resolution Service will be binding on AGENCIA MEDITERRANEA.
The owner of the Service shall resolve complaints and claims must be a person of commercial and professional honor, and with knowledge and experience appropriate to the exercise of their functions. This service shall consist of a maximum of three members and a minimum of one. The holder will be appointed by the Administrative Body of the Company.
Article 2º.- Presentation of the complaint or claim.
The submission of a written complaint or claim may be made in person or by means of duly accredited representation at the offices of the MEDITERRANEAN AGENCY located in Valencia, calle Colón 18, 2B, or by computer, electronic or telematic means, in which case, they must comply with the provisions of Law 59/2003, of 19 December, on electronic signatures. For the aforementioned purposes, AGENCIA MEDITERRANEA has enabled the e-mail address firstname.lastname@example.org.
The entity shall admit complaints and claims that meet the requirements set out below:
- a) Name, surname, address and e-mail address of the interested party and, where appropriate, of the person representing him, duly accredited, number of the national identity document for natural persons and data referring to the public register for legal persons.
- (b) The reason for the complaint or grievance, with a clear specification of the issues on which a determination is sought.
- (c) Place, date and signature.
The claimant shall provide, where appropriate, together with the above document, the documentary evidence in his possession on which his complaint or claim is based.
Article 3º.- Persons legitimized to claim.
Complaints or claims may be filed by potential borrowers, guarantors or guarantors that are related to their legally recognized interests and rights, and that derive from alleged breaches of this Law, its implementing regulations, standards or applicable good financial practices and uses.
Article 4.- Admission for processing.
Once the complaint or claim has been received, it will be analysed in the event that any of the requirements detailed above are missing, a written summons will be sent to the claimant to correct the error within 10 calendar days. In the letter you will be warned that if no reply is received, the complaint will be filed.
Article 5.- Termination and notification.
The file shall be completed within one month from the date the complaint or claim was filed with the Claims Department, to which shall be added the days on which the file was put on hold to correct errors in filing.
The decision shall be reasoned and shall contain clear conclusions on the request raised in the complaint or claim, based on the contractual clauses and the legislation in force.
The interested parties will be notified in writing and sent by certified mail with return receipt requested, if the complaint or claim has been submitted in writing, or by telematic means if that is how the complaint or claim was submitted.
Once the period provided for in the first paragraph of this article has elapsed without the complaint and/or claim being resolved, it shall be understood that the same has been rejected.
In any case, they will have a maximum period of one year from the filing date for the claimant to go to the Bank of Spain.
Article 6. - Annual report.
The Head of the Claims Department shall present to the General Meeting an explanatory report with the following with the following content:
- (a) a summary of the complaints and claims dealt with, with information on their number, admission for processing and reasons for non-acceptance, reasons and issues raised in the complaints and claims, and amounts and amounts affected.
- (b) a summary of the decisions taken, indicating whether they are favourable or unfavourable to the complainant,
- (c) recommendations or suggestions resulting from their experience, with a view to better achieving the purposes for which they are acting.