Banco de Occidente's CLIENTS have a representative, who is responsible, among other things, for attending to and resolving complaints regarding a possible breach by the entity of the legal or contractual rules governing the rendering of a service or product and, as per the request of the client or at his own discretion, submit recommendations and proposals to the Bank with the aim of improving and facilitating relationships with financial consumers.
Even though Banco de Occidente has available for its customers a wide network of branches as well as the Customer Service Line for the purpose of directly, efficiently and quick handling of any complaints that may arise from the use of its products and services. We believe that Banco de Occidente's Financial Consumer Ombudsman assures one more instance of service, and guarantees the follow-up of any failure that may arise in the solution of complaints or claims.
The Ombudsman is empowered:
- To know the complaints made by clients and users referring to an eventual breach of the rules that correspond to the Bank.
- To be a spokesperson for financial consumers to submit recommendations and proposals to the Bank, in order to foster relations with financial consumers.
- To act, within the scope of the law, as a conciliator contoversies arising between the Bank and the Financial Consumer, when requested by the parties.
Service procedure
- The financial consumer shall submit its complaint or claim to the Financial Consumer Ombudsman by means of a document wherein its personal data and contact information is provided, a description of the facts and the specific claims of its complaint or claim, which may be forwarded directly to the Financial Consumer Ombudsman, or may be presented at its office or at the agencies or branches of the entities. In the latter case, the entities under surveillance are obliged to forward the same to the Financial Consumer Ombudsman within three (3) business days following the receipt of said document.
- When the Financial Consumer Ombudsman considers that the complaint or claim filed corresponds to issues of general interest, it shall transfer the same to the Financial Superintendence of Colombia for its knowledge, without prejudice to continuing the individual process within the scope of its competence.
- Once the complaint or claim is received, the Financial Consumer Ombudsman shall decide if the matter submitted is within its competence or not. Such decision shall be informed to the financial consumer concerned and to the entity involved within three (3) business days as from the day following receipt of the request.
If the complaint or claim is admitted, the Financial Consumer Ombudsman shall inform the financial consumer whether the final decision issued by the Financial Consumer Ombudsman is binding, according to the regulations of the respective entity, warning about the possibility of requesting a conciliation hearing at any time.
If the complaint or claim is inadmissible, the Financial Consumer Ombudsman shall inform its decision to the financial consumer, indicating the reasons for inadmissibility and informing that this does not prevent the exercise of other existing legal actions.
- If the Financial Consumer Ombudsman considers that more information is required from the entity involved or from the financial consumer for analyzing the application, it shall proceed to inform this situation thereto through any verifiable means, so that they may obtain the necessary information. In such event, the entity or the financial consumer shall respond within the term determined by the Financial Consumer Ombudsman without exceeding eight (8) business days, counted as from the day following the request for information. Once the information requested is received, the Financial Consumer Ombudsman may decide on the admission or inadmissibility within a maximum term of three (3) business days.
- It shall be understood that the complaint or claim has been withdrawn if the financial consumer does not respond to the request within the maximum term mentioned in the previous item. The above without prejudice to the fact that the financial consumer may subsequently present its complaint or claim with complete information, which shall be understood to be filed as if it were the first time.
- Once the complaint or claim has been admitted, the Financial Consumer Ombudsman shall forward the same to the respective entity, so that it can provide the information and submit the arguments upon which it grounds its opinion. It shall be mandatory that in the same forwarding of infoprmation, the entity is requested to expressly indicate its prior acceptance so that such process is subject to a binding decision thereto.
The entity shall give a complete, clear and sufficient response, stating whether or not it accepts the binding nature of the decision of the Financial Consumer Ombudsman, in the event that it is unfavourable. In any case, if the entity has incorporated the binding nature of the decisions of the Financial Consumer Ombudsman in its regulations, it may not state the contrary.
The response shall be submitted to the Financial Consumer Ombudsman within eight (8) business days as from the day following the submittal, a period that shall be extended as per the request of the entity and at the discretion of the Financial Consumer Ombudsman. In this last case, the supervised entity shall inform the financial consumer regarding the reasons upon which the extension is based.
The term referred to in the herein item shall be understood as not complied with whenever the entity's answer has been produced outside the term, has been received in an incomplete manner or when it has not been received at all. In such event, the Financial Consumer Ombudsman shall request the entity again to submit the missing information, fact which shall not prevent to inform the Financial Superintendence of Colombia of the repeated occurrence of such facts.
Notwithstanding the aforementioned, repeated non-compliance evidenced in the late sending, in an incomplete manner or not sending of the responses to the Financial Consumer Ombudsman, shall be informed by the latter to the Board of Directors or the Management Board of the supervisedy, who shall adopt the conductive and timely measures to eliminate the causes exposed or detected, providing whatever may be the necessary for supplying the information requested.
- If, after initiating the processing of the application, the Financial Consumer Ombudsman becomes aware that it is not within his competence, it shall terminate its action, communicating its decision forthwith to the entity and to the financial consumer.
- The Financial Consumer Ombudsman shall assess the information provided and resolve the complaint or claim in a term that in no case may exceed eight (8) business days counted as from the day following the expiration of the term provided for unde item 6.
- The decision issueded by the Financial Consumer Ombudsman shall be reasoned, clear and complete. Such decision shall be informed to the financial consumer and to the supervised entity the following business day after it is issued.
In the event that the decision is unfavorable to the financial consumer, the latter may resort to other means of protection of its rights.
- The supervised entity may rectify its position on whole or in part with respect to a complaint or claim with the financial consumer at any time prior to the final decision by the Financial Consumer Ombudsman. In these cases, the entity shall inform the Financial Consumer Ombudsman of such situation and the latter shall, within three (3) business days following the entity's communication, consult the financial consumer who made the complaint or claim, by verifiable means, for purposes of establishing its express satisfaction. The financial consumer shall respond to the consultation within a maximum term of eight (8) business days. After such term has elapsed, and the financial consumer has not responded, it shall be deemed that the correction was satisfactory and the procedure shall terminate.
In case the financial consumer expresses that the rectification has been satisfactory, the parties shall be served about the early termination of the process and the complaint or claim shall be archived.
The foregoing without prejudice that the Financial Consumer Ombudsman may consider that the complaint or claim belongs to those dealt with under item 2 of the herein item, in which case it forward the case to the Financial Superintendence of Colombia, if it had not previously done so, together with a writing supporting his opinion.
If the rectification was partial or the financial consumer is not fully satisfied, the Financial Consumer Ombudsman shall continue with the process in order to answer those aspects of the request that were not subject to rectification.
- At any stage of the process, the Financial Consumer Ombudsman may be requested to act as conciliator, under the terms established in Article 13 (c) of Law 1328 of 2009. In such case, the ordinary knowledge proceeding of the Financial Consumer Ombudsman shall be suspended and a conciliation hearing shall be summoned, in accordance with the provisions of Article 13 (c) of Law 1328 of 2009. In such case, the ordinary knowledge proceeding of the Financial Consumer Ombudsman shall be suspended and a conciliation hearing shall be called, in accordance with the provisions of Law 640 of 2001.
The decision thus adopted shall have right of execution and shall have the effect of res judicata, without the need to deposit the corresponding minutes in the conciliation center. The foregoing, without prejudice to compliance with paragraph 7 of article 8 of Law 640 of 2001, for purposes of publicity.
- The financial consumer may desist from its complaint or claim at any time during the process by means of a document addressed to the Financial Consumer Ombudsman. In such events, the Financial Consumer Ombudsman shall deem the procedure terminated and shall inform the financial consumer the receipt of the withdrawal document, as well as to the supervised entity regarding termination procedure within three (3) business days following receipt of the withdrawal.
Note: Financial consumers may choose to resort directly to the supervised entity (Bank), to the FCD, to the FSC or to the self-regulation bodies, to submit their complaints in accordance with the provisions of item (e). of article 5 of Law 1328 of 2009. Each entity shall assess the procedures within the framework of their competence.
The decisions made by the Financial Consumer Ombudsman shall not be binding for the parties.
Cases Excluded from the Competence of the Ombudsman
(Article 14 Law 1328 of 2009):
- Those that do not correspond or are not directly related to the ordinary course of business authorized to the entity.
- Those that refer to matters that are underway or have been resolved in the judicial, arbitral or administrative channels.
- Those that correspond to the decision regarding the rendering of a service or product
- Those that refer to events occurred three (3) years or more prior to the date of filing the complaint.
- Those which refer to the same facts and affect the same parties, when they have been the subject of a previous decision by the Ombudsman.
- Complaints whose individual amount, all items in aggregate, exceeds one hundred (100) minimum monthly legal wages in force at the time of their submission.
Non-compliance with the regulations regarding the protection of the financial consumer, including obligations in charge of the Ombudsman for the Financial Consumer and the entities supervised thereby, may be sanctioned by the Financial Superintendence of Colombia as provided for under section seven of the Structural Regime of the Financial System, article 53 of Law 964 of 2005 and other regulations that modify or substitute the same.
CONTACT INFORMATION
Financial Consumer Ombudsman. LINA MARIA ZORRO CERON
Financial Consumer Ombudsman. Alternate LORENA CERCHAR ROSADO
Address Carrera 7 No. 71-52 Torre A First Floor, Bogotá D.C.
Tel. 7462060 Ext. 15318, 15311
Fax 3121024
defensoriacliente@bancodeoccidente.com.co
Monday to Friday 8:30 a.m. - 5:30 p.m
