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Summary of the Ombudsman's Report 2013

To settle disputes between banks and their customers as quickly and smoothly as possible, Germany's private commercial banks introduced an out-of-court conciliation procedure as early as 1992.

To settle disputes between banks and their customers as quickly and smoothly as possible, Germany's private commercial banks introduced an out-of-court conciliation procedure as early as 1992.

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8<br />

required. 1,894 <strong>of</strong> <strong>the</strong> complaints received were<br />

inadmissible or ineligible under <strong>the</strong> Ombudsman<br />

Scheme Rules. These included complaints where <strong>the</strong><br />

complainant was not a customer <strong>of</strong> <strong>the</strong> bank concerned<br />

or was not a consumer and an exception under Section<br />

2 (1) (b) <strong>of</strong> <strong>the</strong> Ombudsman Scheme Rules did not apply<br />

ei<strong>the</strong>r. In around 694 <strong>of</strong> <strong>the</strong> inadmissible complaints,<br />

it was not possible to finally clarify <strong>the</strong> facts through<br />

<strong>the</strong> submission <strong>of</strong> documents, so that <strong>the</strong> fur<strong>the</strong>r<br />

taking <strong>of</strong> evidence would have been necessary for an<br />

ombudsman decision. In such cases, <strong>the</strong> ombudsmen<br />

refrained from adjudicating in accordance with<br />

Section 4 (4), sentence 3 <strong>of</strong> <strong>the</strong> Ombudsman Scheme<br />

Rules. In addition, <strong>the</strong> ombudsmen took no action in<br />

204 cases, as <strong>the</strong> claim in question was already barred<br />

under <strong>the</strong> statute <strong>of</strong> limitations and <strong>the</strong> bank had pled<br />

<strong>the</strong> statute <strong>of</strong> limitations.<br />

Overview <strong>of</strong> number and outcome <strong>of</strong> complaints received annually: 2009–<strong>2013</strong><br />

Year 2009 2010 2011 2012 <strong>2013</strong> 2)<br />

Total number <strong>of</strong> complaints 6,514 6,494 8,268 7,180 6,551<br />

Complaints not followed up by customers 1,030 1,271 1,590 996 830<br />

Inadmissible/ineligible 1) complaints under <strong>the</strong> Ombudsman<br />

Scheme Rules<br />

1,184 1,564 2,585 2,495 1,894<br />

Admissible complaints under <strong>the</strong> Ombudsman Scheme Rules 4,300 3,659 4,093 3,689 3,827<br />

Complaints resolved in favour <strong>of</strong> customer (also partly) 2,260 2,001 2,182 1,825 1,616<br />

Compromise proposed by ombudsman 229 228 197 585 445<br />

Complaints resolved in favour <strong>of</strong> bank 1,811 1,430 1,714 1,279 878<br />

1) Admissible complaints under <strong>the</strong> Ombudsman Scheme Rules which <strong>the</strong> ombudsman never<strong>the</strong>less refrains from adjudicating because<br />

fur<strong>the</strong>r evidence-taking would be necessary.<br />

2) Of <strong>the</strong> 3,827 admissible complaints, 888 are still being processed.<br />

Source: Association <strong>of</strong> German Banks, 30 June 2014.<br />

104 Tätigkeitsbericht <strong>2013</strong>

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