Complaint Stages
Published December 14, 2023In France, a complaint usually goes through two stages before any court action:
Stage 1, the written complaint to the bank: you, or we on your behalf, write to your bank setting out the facts and your request. For a payment service (transfer, card, direct debit), it must generally reply within 15 working days, and within 35 at most in exceptional cases. For other disputes, the limit is 2 months.
Stage 2, the mediator: if the bank refuses or does not reply in time, you can go to its mediator, for free, within one year of your written complaint. The mediator generally gives an opinion within 90 days. The opinion is not binding on you or the bank: either side can accept or refuse it.
The bank’s possible answers (stage 1)
Partial refund:
After reviewing the case, the bank replies in writing and explains its position.
Sometimes the bank only offers to refund part of the money lost. Not all payments are then taken into account or fully refunded.
We pass this offer on to you, usually with our view on whether it is fair.
You are free to accept or refuse it. If you accept, the case is closed and the refund is paid to you.
Asking the bank to reconsider:
If we disagree with parts of the answer, we may suggest sending the bank further information.
We then explain why we contest the answer and add new arguments, for example about a vulnerability that was not properly considered or about how the rules were applied.
This stage can add a few weeks to the case.
If the bank keeps its position and you do not want to accept it, the case can go to the mediator.
Going to the mediator (stage 2):
The mediator first needs a complete file, then gives notice that the case has been received. The 90-day period runs from that notice. It can be extended for complex cases, and the mediator must then tell you.
The mediator reviews the case independently. The opinion may match the bank’s answer, be better or be less favourable. We always tell you what we think your chances are.
When the mediator gives an opinion, each side is free to accept or refuse it.
If you both accept, the proposed solution applies. If either of you refuses, court action remains possible, with a lawyer. Mediation suspends the time limit for going to court.
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