If you have encountered a legal problem with a bank or financial institutions, it is good to know the process of Complain to the bank and financial and credit institutions. Because many people, when huge organizations and institutions such as banks are on one side of the dispute, they see little chance of winning in the legal dispute and think that these institutions and banks can easily defeat ordinary people in court due to the power and wealth they possess. .
But how true is this idea? In this article, we will answer this question and see what the process of filing a complaint against a bank or financial institution is like and how you can increase your chances of winning a lawsuit against banks.
Everything you need to know about suing banks
All of our lives are somehow connected with banks. From savings accounts to obtaining facilities and many other cases that have caused various legal contracts to prevail between customers and banks; Like any other contract, in banking contracts, there is a possibility that one of the parties violates the provisions of the contract, and if the wrong party is the bank, you as a customer can sue the bank to assert your right.
It is obvious that due to the nature of banks and financial institutions and the terms of the contracts concluded between these institutions and the customer, this type of complaint is different from the usual complaints that occur between real people.
Getting to know these differences will help you to move your banking and financial claims in the right direction. Yes, it is true that banks are large and long and rich organizations that at first glance it seems impossible to challenge them by a simple customer, but if you get to know the process of filing a complaint against the bank and benefit from the help of an elite bank litigation lawyer and With experience, you will be able to bring your complaint to the bank to a favorable outcome and prevent your rights from being violated.
These are the general things you should know about filing legal complaints against banks and financial institutions; But to know the complaint process and the characteristics of a good bank lawyer, we invite you to read the rest of this article.
What is the path of legal complaint against banks?
Many people may not know that most of the cases of bank complaints are handled under the supervision of the Central Bank. Because handling of this type of cases should be done in a specialized way and banking contracts have subtleties that distinguish them from other legal cases. This is the reason why the supervision of all public and private banks as well as credit financial institutions is with the central bank, and banking violations of these institutions are also investigated and dealt with by the central bank.
Therefore, according to the law, the central bank has obliged all banks and financial institutions to form a complaint handling unit and process the economic complaint files with more speed and accuracy and customers receive the desired answer as soon as possible. Now the question arises, where does the path of filing a complaint against financial institutions or banks start and where does it end? Here we answer this question:
Complain to the central branch
The first step for banking and financial claims and filing complaints against institutions and banks is to go to the central branch of the bank or institution in question. Most of the usual complaints from banks, such as complaints related to interest repayment of facilities or blocking of a part of granted facilities and even non-compliance with the rules notified by the central bank, can be traced by referring to the central branch.
Complaining about the employees of a particular bank is also one of the things that you can follow up at the central branch. In these branches, you can register your complaint file by referring to the complaint handling section and presenting the relevant authorities.
Complain to the central bank
If for any reason your complaint file did not go well in the central branch or failed, you can still pursue the complaint through the central bank. As we mentioned, one of the duties of the central bank is to supervise banks and financial institutions, and the central bank can oblige all types of private and state banks to comply with the laws.
As a result, if a right of yours has been lost by the bank, the central bank will follow it up and give you the final answer as soon as possible. To file a complaint with the central bank, you can either do it in person or complete the filing process online by using the central bank’s website and referring to the complaints page.
Complain to the judicial authority
Although many of the issues discussed in the field of filing complaints against financial institutions and banks can be handled by the central branches and finally the central bank, there are cases where the subject of the complaint is not within the scope of the bank’s authority and must be handled by the judicial authorities. For this reason, when filing a complaint in the central branches or the central bank, the relevant employee may inform you that it is better to pursue your case through judicial authorities.
In general, according to Article 44 of the Monetary and Banking Law of the country, one of the following punishments is considered for the offending bank:
1- Notice in writing to the managers
2- Fines up to 200,000 Rials daily for each day of violation
3- Not being allowed to work and pay for banking affairs in banks and banking and financial institutions of the offender, either temporarily or permanently.
Also, in some cases, after filing a complaint with the Central Bank, if the Central Bank comes to the conclusion that handling the complaint is not within its jurisdiction, it will refer the case to the judicial authority and inform you of this matter. In any case, by consulting a reliable banking lawyer, you can find out much earlier which is the best way to file your complaint against the bank: the central bank or the judicial authority.
The duration of processing bank complaints
Handling each of the bank complaint cases naturally has its own conditions and depending on the subject of the complaint and even the type of bank or financial institutions, the duration of handling it is different; But in general, according to the instructions of the Central Bank, the bank must deal with the customer’s protested situation within 30 days and provide the necessary response regarding its actions. If the bank in question does not provide a suitable answer to the customer within this specified period, the customer has the right to file his complaint again and submit this complaint to the central bank.
What complaints are related to the special complex for dealing with economic affairs?
Due to the sensitivity of economic crimes and with the aim of serious and faster handling of economic cases, the Special Prosecutor’s Office for dealing with monetary and banking crimes in Tehran has been merged with the Special Prosecutor’s Office for Economic Crimes and formed a special complex for dealing with economic affairs. But what crimes does this institution cover? In short, the focus of this complex is on the following:
– Bribery and bribery
– embezzlement
– Exercising against the right and legal regulations in case of acquisition (acquisition) of property by a criminal or someone else
– The intervention of ministers, members of parliament and employees in state and country transactions
– Collusion in government transactions
– Receiving commission (percentage) in foreign transactions
– The encroachments of government officials towards the government
– Customs crimes
– Tax crimes
– money laundering
– Disruption in the economic system
– Illegal seizure of public or government property or damage (destruction) thereof
– Acquiring (acquiring) property through illegal (illegal) means
– Crimes under Chapter Six of the Securities Market Law of the Islamic Republic of Iran
Therefore, if your complaint is related to one of the above cases, it is better to refer to the special complex for dealing with economic affairs so that the issue of the complaint can be examined in a specialized way.
Who is a bank lawyer and what are his duties?
As the name suggests, a bank lawyer is considered a subset of a commercial lawyer and specializes in banking cases. As a result, banking lawyers are familiar with all the intricacies of the laws governing banking contracts, and for those who seek to pursue a complaint against the bank, it is necessary to use the services of a banking lawyer. It is interesting to know that the banks themselves, as a public institution, seek the help of a bank lawyer to defend their legal cases in order to defend their rights in court.
The duties of bank lawyers cover all matters related to the obligations of the bank and the client to each other. Among these cases, it is possible to refer to the contracts of receiving a loan against the collateral, mistakes in the calculation of the lateness of the loan, cancellation of excess interest and compound interest, foreign exchange claims, claims related to the auction of properties in bank mortgages, etc. Since each of the mentioned cases are full of complex rules and legal subtleties, it will be very difficult to deal with banking complaints without using the services of banking lawyers.
Especially since the bank in question will surely use its bank lawyers and if you, as a customer, intend to proceed with your case without a lawyer specializing in banking matters, your chances of success will be small and you may even suffer a huge loss.
The best bank lawyer to Complain to the bank
To file a complaint against the bank and pursue banking and financial claims, you must use the services of a lawyer who has complete knowledge and mastery of the country’s banking laws and regulations. One of the services of Dadista Legal and Arbitration Group is providing advice for bank complaint cases.
It doesn’t matter what bank or financial and credit institution you are complaining about and for what reason, in any case, you can get help from the experienced and skilled lawyers of Dadista to advance your case as best as possible. The expert banking lawyers in Dadista assure you to find the best and fastest way to resolve your complaint against the bank and make the final result in your favor.