Their designation is independent of the financial institution. The main function is to serve as a mediator to solve claims and complaints.
The figure of customer advocate It is established in the Constitution of Ecuador. The art. 312 indicates that “each entity that is part of the national financial system will have a client advocate that will be independent of the institution and designated according to the law”. However, its role has become relevant since the recent approval of the Law against improper collections by banks.
The client’s ombudsman has the function of protecting the particular rights and interests of the clients of an institution of the financial system, for which he knows and processes the claims about all types of improper charges, abuses or poor execution of the businesses and financial services they offer. the banks.
In other words, it acts as a mediator or conciliator, but it cannot issue resolutions or sanctions, except those that are determined by law, it cannot issue damages, fines or sanctions to the parties for the matter subject to claim, since this is a private power of the Superintendence of Banks.
which are your principal functions?
Its functions refer to requesting from the institution of the financial system and the clients the information that is necessary for the analysis and solution of the claims. Based on that evidence, you must issue your statement regarding the claim.
You must also present an annual report to the ordinary general meeting of shareholders or ordinary general assembly of partners on the performance of your function during each preceding year.
In addition, its responsibilities include the presentation to the Superintendency of Banks of a management report containing statistics on the claims handled each quarter.
Users have the right to present their complaints and claims, in the first place, to customer service before the financial institution. If the answer doesn’t seem fair or adequate, the second step is to present all the evidence to the client’s advocate. Finally, regardless of legal actions of all kinds, the last administrative instance of claim is the Superintendency of Banks and Insurance.
In accordance with the new Law against improper charges, financial institutions must attend and respond to the user within a maximum period of 15 days, in case of claims originating in the country. If it is outside, the term is 40 days.
The Superintendency of Banks emphasizes that the service of the customer’s ombudsman —which they attend, personally, in the headquarters of each entity— has no cost for the claimant.
The list of client advocates for each institution, both public and private, can be reviewed at this link.
