Banking Ombudsman: how to use it?

Verified 10 February 2023 - Directorate for Legal and Administrative Information (Prime Minister)

You have a dispute with your bank and you couldn't settle it alone?

You can enter the bank ombudsman. It shall seek, within a short period of time, solutions to resolve the dispute.

Here's the information you need to know.

You can contact your bank's ombudsman if you encounter difficulties about the services it provides to you (application of account agreements, for example).

The possibility of entering the mediator is only open to you if you are a natural person and that you're not acting for a professional purpose.

Before you go to the mediator, you should try to resolve the dispute with your regular bank advisor.

If this is not enough, you should contact your bank's customer service, preferably by registered letter with acknowledgement of receipt. Contact details for customer service are available on your bank's website.

If you are not satisfied with the answer or if you do not receive a reply within 2 months (15 days for a dispute regarding a payment service), you can contact the mediator.

You must prove that you have tried to resolve the dispute with your bank before going to the mediator. Otherwise, your request for mediation will not be processed.

You can enter the Ombudsman on the Internet or by mail.

You must enter the mediator in charge of your bank on its website.

Find a bank ombudsman

You must send the mail to the mediator in charge of your bank, at the address indicated on your bank's website.

You can use the following letter template:

Refer to the Ombudsman of his bank

Yes, recourse to the banking ombudsman is free.

After contacting the mediator, you will receive a notification the admissibility of your action.

The Ombudsman must reply to you within a maximum of 90 days after such notification.

In the case of a very complex dossier, additional time may be required. You are then informed by the Ombudsman.

During mediation, you may be assisted by a lawyer (at your own expense) or a person of your choice.

The Ombudsman is independent. They provide a solution proposal that will allow you and your bank to resolve the dispute.

You or your bank are free to decide whether to accept the proposed solution. It may be different from the decision that would be rendered by a judge. The mediator sets a time limit within which you must accept or reject his proposal.

FYI

you may withdraw from mediation at any time.

If you are not satisfied with the solution proposed by the Ombudsman, you can take the matter to court.

Please note

recourse to the ombudsman shall suspend the period of 2 years during which you can take legal action. The period shall resume from the moment the mediator submits his proposal for a solution.

The competent court depends on the sums involved in the dispute.