What happens next

Once the Banking and Financial Ombudsman has received the complaint, it follows this procedure.

Preparatory phase

The ABF verifies the thoroughness, regularity and timeliness of the documentation submitted.

The Chair or the Panel may ask you to regularize the complaint and provide further details (this request may also be made to the intermediary). Any requests of this kind may lead to a suspension of the deadline for the Panel's decision on your complaint.

If you want to know in which cases the Ombudsman interrupts the procedure or states that it is extinguished, please consult the provisions regulating the functioning of the ABF's out-of-court settlement system (available only in Italian).

Decision

The Panel decides within 60 days of the date on which the intermediary submitted its defence brief, or of the deadline for submitting them. The complaint is decided based exclusively on the documentation filed in the preparatory phase. The decision is taken by a majority vote and the reasoning is always provided.

If the complaint is upheld, even if only partially, the Panel sets a time limit within which the intermediary must comply with the decision, including repaying the client the €20 fee to cover the procedural costs; if the Panel doesn't set a time limit, the intermediary must comply within 30 days from when the decision is communicated, including the reasoning.

If the client or the intermediary find material or calculation errors or omissions in the decision they may, within 30 days of the communication of the decision, ask for it to be corrected by means of the Web Portal or, for complaints submitted in hard copy, they may make a request sent by mail, fax, or presented in person.

Please note

To obtain detailed information on the progress of your complaint, bear in mind that you can always check the progress bar on the Web Portal. (see the Practical Guide, part 2, section "Le attività successive all'invio del ricorso", available only in Italian).

Notice of non-compliance

An intermediary who does not comply with the decision and does not cooperate with the procedure is considered non-compliant. Notice of its non-compliance is published on the ABF's website, under the section Non-compliant financial intermediaries.

Documents

  1. A simple guide to the ABF (only in Italian) pdf 1.4 MB Publication date05 February 2018