Regulations on examination of OP Corporate Bank plc Lithuania Branch customers‘ claims
1. General provisions
1.1. These Regulations on examination of OP Corporate Bank plc Lithuania Branch’s Customers’ claims (hereinafter – the “Regulations”) establishes procedure for submission of the Customers’ Claims concerning the Financial services rendered by the Bank or the Financial services the Customer has applied to the Bank but it was not rendered, as well as the procedure on how the Bank responds to the aforesaid Claims.
1.2. If disputes between the Bank and the Customer arising from the Financial services used by the Customer or applied for but not rendered by the Bank, can not be settled by the way of negotiations, the Customer shall be entitled to submit a Claim to the Bank.
2. The Definitions Used in the Regulations
Bank – OP Corporate Bank plc Lithuania branch (OP Corporate Bank plc Lietuvos filialas), identification code 302535257, head office address Konstitucijos Av. 29, Vilnius, Republic of Lithuania, registered in the Register of Legal Entities of the Republic of Lithuania. E-mail address of the Bank – firstname.lastname@example.org
Customer – legal person or or private entrepreneur, to whom the Bank renders Financial service according to the mutual agreement or who has applied for a Financial service to be rendered by the Bank.
Claim – the Customer’s expressed dissatisfaction to the Bank for its action or failure, including for the Financial service rendered by the Bank to the Customer and/or the Financial services the Customer has applied for but it was not rendered and/or the Customer’s request or demand arising therefrom towards the Bank.
Financial service – any of the financial services mentioned in the Credit Institutions Law of the Republic of Lithuania, rendered by the Bank to the Customer or which the Customer has applied for.
Other definitions established herein shall have the same meaning as in General Terms and Conditions of Servicing the Customers of the Bank, unless otherwise expressly defined in these Regulations.
3. General requirements on the Customers’ Claims submission
3.1. The Claim shall be submitted in written form and signed in person by the Customer (private entrepreneur) or the Customer’s (private entrepreneur’s or legal person’s) representative – natural person, who’s personal identity is determined according to the personal identification document acceptable to the Bank or via Internet Banking according to the E-services agreement concluded with the Bank. In case the Claim is submitted by the Customer’s representative, the originals of the documents certifying the right of representation of the Customer shall be enclosed to the Claim. The document certifying the right of representation shall meet the requirements of such documents stipulated by the legal acts of the Republic of Lithuania.
3.2. A written Claim signed by the Customer or its
representative shall be submitted:
a) personally to the Bank in its office;
b) by sending via registered mail to the Bank’s registered address;
c) via Bank’s Internet banking section “Bank messages/Send a message”;
3.3. Written Claim is considered to be submitted when it is received in the Bank, unless otherwise is provided by the agreement between the Bank and the Customer. The Bank shall register the Claim immediately after the receipt thereof.
3.4. Bank’s reply to the Customer’s Claim shall be provided in written form, in the same way the Claim has been received, except the Customer when submitting the Claim indicates otherwise. The reply to be sent by mail shall be sent by registered mail.
3.5. The Bank shall have the right not to accept a Claim that is not in Lithuanian language. The Bank’s respond to a Claim shall be prepared in Lithuanian language, unless otherwise is provided in the agreement concluded between the Bank and the Customer.
3.6. Claim submitted to the Bank by the Customer in written form shall contain the following information:
3.6.1. about the submitter (private person): name, last name, personal identification code (in case it is not available – date of birth) and passport data (passport No, issuance date and issuing authority)), mailing address, telephone number and other means of communication (e-mail address, etc.) of the Customer;
3.6.2. about the submitter (legal person): name, identification code, mailing address, representative’s position, name and last name, and legal basis of representation, telephone No and other means of communication (e-mail address, etc) of the Customer;
3.6.3. Description of the Claim – detailed information about the Financial service the Customer is referring, reasons of submitting the Claim, Customer’s dissatisfaction and/or request or demand towards the Bank.
3.7. The following documents shall be attached to a
Claim submitted to the Bank:
3.7.1. copy of the Financial service agreement being subject of the dispute;
3.7.2. copies of other documents which the Claim refers to.
3.8. If a written Claim submitted by the Customer does not contain all information listed in clauses 3.6. and/or 3.7. of the Regulations, the Bank shall within 10 (ten) days prepare a reply indicating the missing information and setting the term when the drawbacks have to be eliminated. If the drawbacks are not eliminated by the established term, the Bank is entitled to dismiss the Claim without investigation.
4. Examination of Claims and preparation of reply
4.1. The Bank seeks to examine the submitted Claims within the shortest possible time.
4.2. The Bank provides reply to a Claim submitted by the Customer within 15 (fifteen) business days from the receipt of the Claim, unless otherwise is provided in the Financial service’s agreement concluded between the Bank and the Customer. In exceptional cases, when due to reasons beyond the Bank's control it is not possible to provide a response within 15 (fifteen) business days, the Bank shall provide the Customer with a provisional response stating the reasons for the delay in replying to the Claim and the final term for receiving a final response. In any case, the final term for submitting the final response shall not exceed 35 (thirty-five) business days from the date of receipt of the Claim. The Bank handles customer claims free of charge.
4.3. If a longer period than specified in these Regulations is needed for examination of the Claim and preparation of response, the Bank examines the Claim and provides reply to the Customer within maximum term established in the legal acts of the Republic of Lithuania.
5. Final provisions
5.1. In case if the Customer is not satisfied with the Bank's response to its Claim, the Customer is entitled to refer the dispute between the Bank and the Customer to the Court of the Republic of Lithuania.
5.2. The Regulations are prepared in Lithuanian and in English languages. In case of discrepancies between the texts of Regulations in Lithuanian and English languages, the text in Lithuanian language shall prevail.