The Rules of Complaints Handling (hereinafter – the Rules) provide for the procedure for the handling of The Complaints Handling Rules (hereinafter referred to as the “Rules“) set out the procedure for handling complaints from applicants of UAB SME bank (hereinafter referred to as the “Bank“).
The terms used in the Rules are:
Customer – a natural or legal person to whom the Bank provides financial services.
Complainant – a person who has lodged a complaint regarding the services provided by the Bank and/or contracts concluded with the Bank, i.e. an existing or potential client, a client of another financial market participant, an aggrieved third party or a representative of such persons.
Complaint – a written application submitted to the Bank by the Applicant stating that a person’s rights or legitimate interests have been violated in relation to the services provided by the Bank or the contracts concluded with the Bank and requesting that the Applicant’s claims be satisfied.
Applicants who believe that the Bank has violated their rights or legally protected interests in connection with the provision of financial services must first contact the Bank in writing and state their claims and the circumstances of the dispute. The applicant must contact the Bank in writing no later than within 3 (three) months from the date on which he/she became aware or should have become aware of the infringement of his/her rights or legitimate interests. The Applicant may submit his/her Complaint in the following ways: by sending a signed Complaint to the address of the Bank’s registered office at A. Tumėno g. 4-15, LT-01109 Vilnius, Lithuania, by sending a Complaint signed with an electronic signature by e-mail to [email protected] or by filling in the “Claim” section in the electronic banking account. In addition to the Applicant, the Complaint may be submitted by a representative of the Applicant authorised by law. The complaint must contain the following information:
The Complaint can be submitted in English or Lithuanian. The standard complaint form is available here.
If the above information is not provided, or if incomplete information is provided, the time limit for processing the Complaint will only start to run after the Applicant has complied with the request for clarification of information.
The Complaint shall be investigated and a written response shall be provided to the Applicant no later than 15 (fifteen) Business Days from the date of receipt of the Complaint (or submission of the revised information, if such request has been made by the Bank). Where, for reasons beyond the Bank’s control, it is not possible to provide a reply within 15 (fifteen) working days, a provisional reply shall be provided within this period, informing the Applicant of the reasons for the delay in providing a reply and the time limit by which the Applicant will receive a final reply, which in any event shall not exceed thirty five (35) working days.
The Complaint shall be examined in accordance with the principles of justice, fairness, impartiality and reasonableness, subject to a full examination of the circumstances set out in the complaint. The Bank’s staff members handling the Complaint shall avoid any conflict of interest on the grounds of kinship, affinity or any other reason that might affect objectivity. Complaints shall be investigated free of charge.
The reply to an Applicant’s Complaint shall be in writing and shall be given in the same manner as it was received, unless the Applicant indicates at the time of the submission of the Complaint that he/she wishes to receive a reply in a different form. The reply shall be given in the language in which the Complaint was submitted.
In the event that the Applicant’s Complaint is upheld by the parties entering into a new financial services agreement and/or amendment of its terms and conditions, or an amicable settlement, no further written response shall be provided.
The Bank shall have the right not to consider anonymous, unsigned and illegible Complaints, as well as Complaints that do not contain sufficient identifying information about the Applicant.
If the Bank does not satisfy or partially satisfies the Applicant’s claims, it shall in all cases provide a detailed reasoned written response, supported by documentation, and shall indicate other remedies for the Applicant’s interests, including possible means of litigation and institutions.
The Bank shall have the right not to re-examine Complaints with which the same Applicant approaches the Bank on the same issue, without stating any new claims and/or circumstances forming the basis of the Complaint, or providing new documents supporting the circumstances of the Complaint, which would cast doubt on the validity of the Bank’s previous written response. Such a repeated Complaint shall be registered and the Applicant shall be notified in writing, within the prescribed time limit, that his/her Complaint has already been dealt with, together with the details of the previous replies and the procedure for appealing the Bank’s reply.
If the Bank’s reply does not satisfy the Applicant, who may be considered a consumer under the legislation (hereinafter referred to as the “Consumer“), or if the Applicant has not received a reply within 15 (fifteen) working days, the Consumer shall have the right to apply to the Bank of Lithuania, at the address Totorių g. 4, 01121 Vilnius, by filling in the Bank of Lithuania’s online application form, or by e-mail [email protected], within one (1) year from the day of the application, to seek out-of-court settlement procedure at the Bank of Lithuania, in accordance with the procedures established by the legislation, due to the Bank’s activities, which is subject to the Bank’s supervision.
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