The number of complaints received by banking mediators in Tunisia for the year 2019 amounted to 217, keeping the same level recorded during the year 2018, according to the Annual Report on Banking Mediation established by the Bank. Central Tunisia (BCT).
However, the analysis of complaints received by bank mediators shows a clear decrease compared to 2017 when they amounted to 271.
Bank mediation is a method of amicable settlement of disputes that may arise between the bank or financial institution and its client.
In Tunisia, monitoring the reforms initiated, particularly since 2006, with the aim of improving the quality of banking services is a constant concern of the banking regulatory authority. It is in this context that the bank mediation mechanism was established to be a lever for improving the bank-customer relationship. This mechanism is recognized at the level of international banking practices as a commercial argument used to build customer loyalty insofar as it offers a channel of dialogue and communication allowing the preservation of the continuity of the business relationship and avoiding its breakdown. .
However, recourse to mediation does not prevent the client, at any stage of processing the complaint, from seeking legal remedies to resolve the dispute. In addition, the legislator has entrusted the financial inclusion observatory with the task of examining the reports of banking mediators, in accordance with article 94 of law 2016-35 of 25 April 2016 on the statute of the BCT. .
“In addition to the complaints received in 2019, the mediation reports show 6 complaints received in 2018 and closed in 2019”, reveals the report. In addition, 2019 saw only one mediation request addressed to financial institutions.
By type of complaint, the share of complaints attributable to individuals remains the dominant share despite the drop of 2.3% or 72.4% in 2019 against 74.7% in 2018.
“Complaints from companies have registered a slight increase, compared to 2018, i.e. 48 complaints in 2019 representing a share of 22.1% against 46 and 21.1% a year earlier”, underline the BCT services. For complaints received in relation to associations, they remain constant (5 complaints). The number of complaints from professionals increased slightly from 4 to 7 complaints.
In addition, the BCT report indicates that the complaints received by the mediators include those which were declared admissible (60.3%) and those which were rejected and did not give rise to the opening of a procedure. mediation or 39.7% for various reasons. Over the 2017-2019 period, the number of complaints declared admissible has seen a continuous decrease, going from 179 complaints in 2017 (66.1%) to 141 complaints in 2018 or (65%) to reach 131 complaints in 2019 .
Rejected complaints are complaints for which the mediator has not initiated a mediation procedure. The number of such complaints reached 86 in 2019, i.e. 39.7% of the total complaints received. Over the 2017-2019 period, the number of rejected complaints increased from 92 complaints in 2017 (33.9%) to 76 complaints in 2018 (35%) to reach 86 complaints in 2019, or 39.7%.
Per mediator, the number of admissible complaints handled by each mediator amounts, on average, to around 11 complaints, or one complaint processed per month. The distribution of these claims among the mediators shows that Mr. Sadok Belkaied handled 54 claims for 6 banks and one financial institution followed by Mr. Slaheddine Ben Salah who handled 48 claims for 10 banks and one financial institution. Thus, these two mediators monopolize 77% of admissible complaints during the year 2019.
By bank, the analysis of received and admissible complaints shows that the UIB monopolizes the largest share of the sector with a rate of 19.8% (26 complaints), comes in second position the BNA with 15 complaints, i.e. a share of 11.4%, the third position being occupied by three banks (Attijari Bank, Amen Bank and ATB) with 11 complaints, for each, or 8.39%.
By type of bank, claims declared admissible against public and parastatal banks reached 32 claims, thus representing 24.4% of the total number of admissible claims at the sector level. As for private banks, they capture a share that exceeds three quarters with a rate of 75.6%.
According to the BCT, the thematic analysis of requests received and processed in 2019 highlights the predominance of requests relating to the operation of the account, which rank first with a share of 28%. As for the 2nd position, it concerns requests on credit operations with a share of 21.2%. Regarding the third position, it goes to complaints on means of payment with a share of 15.8%.
“In this regard, notes the BCT, it should be noted that 48% of requests received for the operation of the account concerned problems relating to the closure of accounts and that 35% of those received for means of payment were related to electronic banking ”.
Analysis of the distribution of completed cases shows that 33 complaints (i.e. 48.1% of resolved complaints) were processed within a period of less than one month, 19 complaints (28.4%) between one month and two months and 16 complaints (23.5%) beyond two months. Rejected, interrupted cases and those under mediation are not taken into account in calculating response times.
“The comparative analysis of processing times over the 2017-2019 period shows a slight increase in the number of complaints processed within two weeks or less, from 22.5% in 2018 to 23.5% in 2019”, underlines the BCT.
In addition, it appears that the number of cases processed in excess of the regulatory deadlines is very high insofar as it represents roughly a quarter of the cases processed, ie 23.5%.
This analysis reveals the increase in complaints processed beyond the regulatory deadlines after an improvement recorded in 2018. Indeed, the number of complaints processed after a period of more than two months rose from 26.6% in 2017 to 22.2%. % in 2018 to reach 23.5% in 2019.
The regulations governing the activity of mediation stipulate that the banking mediator has a maximum regulatory period of two months to process the complaint received.
With regard to the issue of complaints, the data collected by the BCT from the mediators indicate that 4.4% of the disputes resolved have a financial aspect and involve reimbursement or compensation made by the bank or the financial institution for the benefit of the customer. The disputes relating to his claims total an amount of 13,128,000 Tunisian Dinars. However, it should be noted that only 2.7% (ie 355,000 dinars) of the amounts to which these disputes relate were actually disbursed for the benefit of the claimants.
On the follow-up to resolved complaints, the BCT report reveals that out of the complaints declared admissible 68 were resolved, representing 52% against 77 complaints in 2018, i.e. 54.6%, thus recording a decrease of 11 complaints. The complaints in process during the year 2019 reached 35 complaints, i.e. 26% of admissible complaints against 24 complaints (17%) for the year 2018.
The number of complaints for which the referral was interrupted reached 28 complaints among the 131 complaints declared admissible, ie 22%.
The number of complaints processed and for which the mediator’s opinion was accepted by both parties reached 38 complaints out of 68 complaints, representing 56% of the complaints processed and completed.
Customers of banks and financial institutions accepted the opinion of the mediators for 50 cases out of 68, ie a rate of 73.5%. As far as they are concerned, banks and financial institutions accepted the opinion of mediators for 54 cases out of 68 cases for which the opinion was issued, ie a rate of 79.4%.
