About the Danish Mortgage Credit Complaint Board

  

  1.     What is the Danish Mortgage Credit Complaint Board? 
  2.     Who can complain?
  3.     Which entities can I complain about?
  4.     What can I complain about?
  5.     How do I submit a complaint? 
  6.     How does the Complaint Board work?
  7.     Who is appointed to the Complaint Board?

1. What is the Danish Mortgage Credit Complaint Board?

The Danish Mortgage Credit Complaint Board is approved under the Danish Act on Consumer Complaints (lov om forbrugerklager) to handle complaints against mortgage banks.

The Danish Mortgage Credit Complaint Board started its activities on 1 January 1992 subject to an agreement between the Danish Consumer Council and the Association of Danish Mortgage Banks. 


2. Who can complain?

The Complaint Board handles complaints concerning private customer relationships. The Complaint Board may handle complaints from businesses if the complaints do not differ significantly from complaints concerning private customer relationships. 

3. Which entities can I complain about?

The Complaint Board handles complaints against Danish mortgage banks as well as their subsidiaries in Denmark. Furthermore the Complaint Board handles complaints about Danish branches of non-Danish mortgage Banks, Finally, the Complaint Board handles complaints about non-Danish branches of Danish mortgage banks if there is no doubt that legal proceedings concerning the same matter could have been commenced at a Danish court of law.


4. What can I complain about?

Your complaint may concern all aspects of the relationship between a mortgage bank and yourself.

Your complaint may also concern matters occurring before an actual customer relationship has been established.

If you want to complain against a mortgage bank’s disregard of the rules on Good Business Practice for Financial Undertakings (Executive Order no. 1094 of 14 September 2015), you must submit a complaint to the Danish FSA (Finanstilsynet, Århusgade 110, 2100 Copenhagen Ø). Find more details here.

The Complaint Board refuses to handle complaints that have already been decided by a court of law. For other grounds for refusal according to which the Complaint Board may or must refuse to handle a complaint, see articles 3-6 of the Statutes of the Complaint Board here.

5. How do I submit a complaint?

Before submitting a complaint to the Complaint Board, you must have complained to the mortgage bank and had your complaint dismissed, received an unsatisfactory answer or no answer to your complaint within five weeks of the bank’s receipt of your complaint. All mortgage banks have a complaints manager. to whom you can direct your complaint. 

When you are ready to submit your complaint, you fill in a complaint form via the Complaint Board’s website. You must pay a complaint fee of DKK 200, which we will repay if you succeed with your complaint in full or in part, if you withdraw your complaint or if the Complaint Board cannot handle your complaint.  

We have planned the complaints procedure so that you do not need to retain a lawyer or legal adviser.

However, you may at any time decide to seek independent advice or be represented or assisted by a third party. If you choose to retain a lawyer to act on your behalf, you should note that neither party must pay costs to the other party in relation to the complaints procedure.

Click here to submit a complaint.

If you do not have the possibility of submitting your complaint via the Complaint Board’s website, you can contact the Complaint Board’s secretariat on tel. no. +45 35 43 63 33. Telephone hours Monday-Friday 9:30 am to 12:30 pm, or send an e-mail to sek@fanke.dk

6. How does the Complaint Board work?

Once the preparatory stage of the processing has been completed, the Complaint Board handles your complaint at a meeting of the Complaint Board.

You must submit the details of your complaint in writing and upload them to the Complaint Board’s complaint portal, which you will be able to access immediately after your case has been opened.

You can send your complaint and the case documents in Danish or English. Your complaint will be handled in Danish, and the decisions will similarly be drawn up in Danish.

The average complaint processing time depends on how long the preparation takes. Once all information relating to a case has become available, the Complaint Board expects to make a decision within 90 days. The average processing time is currently six months from the date a complaint was submitted.

The parties are not bound by the Complaint Board’s decision. However, if the decision is not in the mortgage bank’s favour, the mortgage bank must notify the Complaint Board within 30 days of the date on which notice of the decision was given to the mortgage bank if it does not intend to comply with the decision. If the mortgage bank does nothing within 30 days of being given notice of the decision, you can have the decision enforced against the mortgage bank.

If the mortgage bank does not want to comply with the decision, the Complaint Board will notify you about this. You will also be informed about your options for taking the complaint to court, including the possibility of having the Danish Competition and Consumer Authority at Nævnenes Hus, Toldboden 2, 8800 Viborg, telephone no. +45 72 40 56 00, e-mail: nh@naevneneshus.dk, take the complaint to court on your behalf and the possibilities for enforcing the decision.  

Read more about the enforcement possibilities here.

If you do not succeed with your complaint, you will, when relevant, be advised about the possibilities for having the case re-opened or taking it to court. You should note that your complaint may become time-barred if you institute any proceedings later than one year after the Complaint Board’s decision.  

You will find the decisions made by the Complaint Board on the Danish part of the Complaint Board’s website.

7. Who is appointed to the Complaint Board?

The chairmanship of the Mortgage Credit Complaint Board is composed of a Supreme Court judge (chairman) and a number of members appointed respectively by the Danish Bankers Association and the Danish Consumer Council Think.  A list of the members of the Complaint Board can be seen here.

The members of the  Complaint Board are appointed for a term of three years and are eligible for reappointment.


Refer also to the Statutes of the Mortgage Credit Complaint Board, which can be seen here.