Unable to reach a solution with your bank? The choice between Kifid, the Dutch Financial Services Complaints Tribunal, and the courts depends on your position, the product, the decision you want and the urgency. Choose your route before you agree to a binding procedure. A complaint is at its strongest when it contains a specific claim and well-supported facts.
Nederlands: Lees dit artikel in het Nederlands: Klacht tegen uw bank: Kifid of de rechter?
Türkçe: Bu makaleyi Türkçe okuyun: Bankanıza karşı şikâyet: Kifid mi, mahkeme mi?
Written by Onur Arslan, attorney at Arslan Advocaten. Do you have questions about your own situation? Get in touch.
Start with the internal complaint
Give the bank the opportunity to respond substantively to your objection. State the decision, what you believe went wrong and what solution you are asking for. Enclose the key supporting documents and ask for a final position if discussions stall.
A complaint about service may be handled differently from a claim to unblock an account or for compensation. Make clear what you are seeking in legal terms. Keep a record of the date of sending and receipt, and of all responses.
Can Kifid handle your complaint?
Kifid has rules on jurisdiction and admissibility. Not every business customer, every product or every foreign service provider falls within them. Check membership, capacity and time limits against the applicable Kifid rules of procedure.
The choice between binding and non-binding advice can also have consequences. A binding decision cannot easily be brought before a court as an entirely new case. Before you choose, have it assessed what review and follow-up options remain.
When the courts become relevant
Where there is urgency, where the complaints route is not accessible, or where a dispute calls for a specific court order, litigation may be appropriate. Think of an urgent account freeze, imminent enforcement or an evidential problem that requires a different approach.
Interim relief proceedings require sufficient urgency and a suitable claim. Proceedings on the merits may offer more scope for evidence and a final ruling, but usually take longer. Court fees, legal fees and any risk of an adverse costs order need to be discussed.
Time limits run separately
Do not assume that every complaint automatically interrupts the limitation period. The wording and the applicable rules matter. A time limit for appealing or challenging binding advice must also be monitored separately.
So alongside the complaint file, keep a calendar of deadlines. Decide who is responsible for any letter interrupting the limitation period or for starting proceedings. An oral promise by the bank to take another look does not always offer sufficient certainty.
Preparing your file
A useful file contains a short timeline, the agreement and terms and conditions, the disputed decision, the key supporting documents and a calculation of the solution you are seeking. Separate established facts from assumptions. Include unfavourable documents as well; they partly determine the risk of the chosen route.
Frequently asked questions
Is Kifid always free and without risk?
The costs and procedural conditions differ per stage and route. A binding outcome also has consequences. Check the rules of procedure and your own advisory costs.
Can a business owner go to Kifid?
That depends on the product and the jurisdiction rules. There is no general access for every business banking dispute.
If I lose at Kifid, can I simply start again?
With binding advice, the scope for having it set aside by a court is limited. Have the consequences assessed beforehand.
Can Arslan choose the route?
We can weigh up jurisdiction, urgency, evidence, costs and the outcome you want.
Read more about bank helpdesk fraud, termination of credit and a mortgage being called in.
Find out which complaints or litigation route suits your dispute with the bank.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
