Alternative Litigation Resolution
Trans Fast Financial Services, LLC. EP., Informs you about the Alternative Litigation Resolution Procedure.
As a user of the money transfer service, you have at your disposal the possibility of an alternative resolution of litigation as a result of a claim for the service provided.
For this, certain requirements must be met:
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The parties may submit their claims, as well as whatever documentation is necessary, online or not. In the event that the use by the electronic media parties is not possible, the Bank of Spain must enable its presentation by any other means that allows the identification of the claimant.
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When the Bank of Spain before which a claim has been submitted, receive all the documentation with the pertinent information in relation to it, prior correction in its case, it will immediately notify the parties indicating, by any means that let it be recorded, the date on which the complete reception has taken place.
INADMISSION TO PROCESS:
1. Trans Fast has established in its regulations the causes for which a claim can be denied for processing. Inadmissibility is not possible for reasons other than those indicated below:
a) If the client had not previously contacted Trans Fast to try to resolve the matter or did not prove having tried to communicate with it. In any case, the claim must be admitted if more than one month has passed since the client submitted the claim to the Entity and the latter has not communicated its resolution.
b) If the claim is manifestly unfounded or there is no appreciation of the rights and legitimate interests of the client.
c) If the content of the claim was humiliating.
d) If the litigation has been resolved or brought before another accredited entity other than the Bank of Spain or before a jurisdictional body.
e)If the client submits to the Bank of Spain the claim after more than one year since it was filed with Trans Fast, its network of agents or its customer service.
f) If, in the case of a procedure with a binding result for the client, the litigation is about intoxication, injury, death or there are reasonable indications of a crime, including liability for damages directly derived from them.
2. The establishment of the causes of inadmissibility for processing a claim by the Bank of Spain will be done taking into account the characteristics of the claims and the type of Trans Fast contracts. In no case may impair the access of customers to the procedure of alternative resolution of consumer litigation.
3. The inadmissibility to process a claim must be notified in a reasoned manner to the claimant within a maximum period of twenty one calendar days from receipt of the claim file, considering in this case that it has met the intended purpose of guaranteeing consumers of the European Union access to the alternative resolution of consumer litigation.
DURATION OF THE PROCESS:
The result of the procedure must be disclosed to the parties within a maximum period of ninety calendar days, counting from the date of submission of the claim or, as the case may be, from the date when the durable, complete and necessary documentation for the procedure is received.
The European Consumer Center and public administrations with competence in the field of consumer protection will provide links between their websites and the website or websites of the European Commission containing the consolidated list of entities accredited and notified by the different Member states.
Please check the following link:
https://ec.europa.eu/info/business-economy-euro/banking-and-finance/servizi-finanziari-ai-consumatori-e-pagamenti/consumer-financial-services/financial-dispute-resolution-network- fin-net / fin-net-network / about-fin-net_en
Or through the Department of Market Conduct and Claims – Bank of Spain
Email: comportamiento.mercado@bde.es
Web: https://www.bde.es/bde/es/secciones/servicios/Particulares_y_e/Servicio_de_Recl/
Definitions:
National consumer litigation: Litigation of a contractual nature arising from a contract of sale or service provision in which at the time of placing the order the consumer and the employer have their residence and establishment in Spain.
Cross-border consumer litigation: litigation of a contractual nature arising from a contract of sale or service provision in which the consumer, at the time of placing the order, has his residence in a Member State of the European Union other than that in which the entrepreneur is established.
Normative:
Law 7/2017, of November 2, by which Directive 2013/11 / EU, of the European Parliament and of the Council, of May 21, 2013, regarding the alternative resolution of litigation in the matter, is incorporated into the Spanish legal system. of consumption.