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If you have a conflict with an institution that markets banking products and services, such as home loans and other mortgage loans, consumer credit, structured deposits, basic bank accounts, payment accounts and services and the issuance of electronic money, you may use an alternative dispute resolution body, rather than go to court.
Consult the information on alternative dispute resolution bodies to which the institution concerned has adhered and to which you can resort.
The information provided corresponds to the data reported to Banco de Portugal by the supervised institutions.
Alternative dispute resolution is, as a rule, a faster, simpler and less burdensome way for customers and institutions to settle their disputes without the need to go to court.
An alternative dispute resolution body acts as an impartial intermediary between the customer and the institution. This entity may:
bring the two parties together in order for them to reach a compromise (conciliation);
propose to the parties a solution (mediation);
impose a decision (arbitration).
Institutions that provide home loans and other mortgage loans and consumer credit are required to provide effective and adequate procedures for extrajudicial settlement of disputes.
To this effect, they must adhere to at least two alternative dispute resolution bodies that form part of the consumer arbitration network, disclosed on the Consumer Website (only in Portuguese).
Disputes that have to do with the rights and obligations set out in Decree-Law no. 74-A/2017 (only in Portuguese) and Decree-Law no. 133/2009 (only in Portuguese) , regardless of the value of such dispute, are covered by this system.
Institutions that provide basic bank accounts, that offer the payment account change service and that offer structured deposits are required to provide effective and adequate procedures for extrajudicial settlement of disputes.
To this effect, these institutions must adhere to at least two alternative dispute resolution bodies.
The following disputes are covered by this system:
Disputes with a value equal to or less than the jurisdiction of the courts of first instance (currently, five thousand euros);
Disputes that have to do with the rights and obligations relating to the provision of basic bank accounts, to the service of changing the current account and other payment accounts and to the design, marketing and provision of advisory services in respect of deposits.
Institutions that provide payment services and that issue electronic money – credit institutions, payment institutions and electronic money institutions – are obliged to provide effective and adequate procedures for extrajudicial settlement of disputes.
To this effect, institutions must adhere to at least two entities authorised to carry out arbitrations. The following disputes are covered by this system:
Disputes that have to do with information duties and other rights and obligations relating to current accounts and other payment accounts, transfers of funds, direct debits, payment cards (debit and credit) and electronic money.