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Complaint Resolution

Article 1 definitions.

In these complaints regulations, the following definitions apply:

  • Client: the client of Banning N.V. with respect to the assignment agreement;
  • debtor: a natural person domiciled in the Netherlands who is obliged or deemed to be obliged to pay a sum of money, as referred to in Article 1.1 of the Decree on the Quality of Collection Services dated 20 February 2024, Bulletin of Acts and Decrees 2024/44 (hereinafter, "the Decree").
  • complaint: any written expression of dissatisfaction by or on behalf of the client or the debtor towards the lawyer or the persons working under his responsibility regarding the conclusion and execution of a contract for services, the quality of the services or the amount of the fee, not being a complaint as referred to in paragraph 4 of the Lawyers Act or the performance of extrajudicial collection activities as referred to in article 1.1 of the Decree;
  • Banning: Banning N.V.;
  • Complainant: the client or debtor or their representative who makes a complaint known;
  • Complaints Officer: the director of BANNING who is charged with handling the complaint, namely Mr. J.W. de Tombe.

Article 2 scope of application

  1. These complaints regulations apply to any contract for services between Banning and the client or, as far as the debtor is concerned, if it concerns debt collection services as referred to in the Decree.
  2. Every Banning lawyer is responsible for handling complaints in accordance with this office complaints procedure.

Article 3 Objectives.

The purpose of this complaint procedure is to:

  1. to establish a procedure to deal constructively with complaints from clients or debtors within a reasonable period of time;
  2. establishing a procedure to determine the causes of complaints from clients or debtors;
  3. maintaining and improving existing relationships through proper complaint handling;
  4. training employees in client-centered response to complaints;
  5. improving the quality of service by means of complaint handling and complaint analysis.

Article 4 information at the start of service provision

  1. This complaints procedure is published on nl.
  2. Before or when entering into the engagement agreement, the lawyer will point out to the client, via the general terms and conditions or in Banning's engagement confirmation, that Banning has a complaints procedure and that this applies to the services provided.
  3. Complaints as referred to in Article 1 of this complaints procedure that are not resolved after treatment may be submitted by the client or debtor to the competent court or the Dean of the Bar Association.

Article 5 Internal complaint procedure

  1. If a client or debtor approaches Banning with a complaint, the complaint will be referred to the complaints officer.
  2. In the case of a complaint within the meaning of the Decree, receipt of the complaint will be confirmed in writing within two working days.
  3. The Complaints Officer shall notify the person complained about of the filing of the complaint and shall give the complainant and the person complained about an opportunity to explain the complaint.
  4. The person complained about will try to reach a solution together with the client or debtor, whether or not after the intervention of the complaints officer.
  5. The Complaints Officer shall resolve the complaint within four weeks after receipt of the complaint or shall notify the complainant of any deviation from this deadline, giving reasons, stating the period within which an opinion will be given on the complaint.
  6. The complaints officer will notify the complainant and the person complained about in writing of the verdict on the merits of the complaint, whether or not accompanied by recommendations.

Article 6 confidentiality and free complaint handling

  1. The complaints officer and the person about whom a complaint has been made shall observe confidentiality in handling the complaint.
  2. The complainant shall not be charged for the costs of handling the complaint.

Article 7 responsibilities

  1. The complaints officer is responsible for the timely handling of the complaint.
  2. The person complained about will keep the Complaints Officer informed about any contact and possible resolution.
  3. The complaint officer will keep the complainant informed about the resolution of the complaint.
  4. The complaints officer will keep the complaint file.

Article 8 complaint registration

  1. The Complaints Officer registers the complaint and the subject of the complaint.
  2. The complaints officer reports periodically on the handling of complaints within Banning and, where possible, makes recommendations for preventing new complaints and improving procedures.
  3. At least once a year, the reports and recommendations are discussed within Banning and submitted for decision-making.

April 12, 2024