If customers do not agree with the processing of their request for the Code of Good Practice, they can submit a claim.
To do so, they will have to follow the claim procedure.
Some grounds on which a claim may be submitted
- The bank did not adequately advertise or communicate the Code of Good Practice.
- Once the request is submitted, the bank rejects it because it does not consider that the mortgagor meets the exclusion threshold or that the house price meets the established limit.
- The institution does not give reasons for rejecting the customer's request or does not specify the data taken into account.
- The debtor meets the exclusion threshold, but the institution has not prepared a restructuring plan.
- The conditions of the restructuring plan presented by the institution are not in line with the conditions necessarily imposed by the Code of Good Practice.
- The institution does not communicate the unfeasibility of the restructuring plan or the successive measures of the Code of Good Practice: debt reduction and the dation in payment of the main residence.
- In the case of dation in payment of the main residence, the institution does not communicate this measure or another transaction is arranged outside the Code of Good Practice.
- The measures of the Code are not applied to the transaction’s sureties and guarantors that meet the requirements.
In addition, there is always the possibility of going to court.
See the response given by the Control Committee to this question (175 KB) that is published in the Compendium of Enquiries.
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