Article 1 Definitions
In this Wki complaints and disputes settlement scheme, the following terms have the following definitions:
Extrajudicial collection activities: activities to obtain payment out of court of a claim for payment of a sum of money that fall within the scope of Section 2 of the Dutch Collection Services Quality Act (‘Wki’); Debtor: the natural person with residence in the Netherlands who is or is deemed to be obliged to pay the claim for payment of a sum of money;
Complaint, plural: Complaints: any written expression of dissatisfaction by or on behalf of the Debtor in respect of the attorney-at-law regarding extrajudicial collection activities as referred to in the Wki, not being a complaint as referred to in Section 4 of the Lawyers Act;
Complainant: the Debtor or its representative making a Complaint;
Complaints Officer: the attorney-at-law charged with handling the Complaint.
Article 2 Scope
This Wki complaints and disputes settlement scheme applies to extrajudicial collection activities performed by attorneys-at-law of Pels Rijcken & Droogleever Fortuijn N.V.
Article 3 Objectives
The objective of this Wki complaints and disputes settlement scheme is:
a. to establish a procedure for constructively handling Complaints within a reasonable period of time;
b. to establish a procedure for determining the causes of Complaints;
c. to improve the quality of the services by means of the handling and analysis of Complaints.
Article 4 Dispute
A Complaint that has not been resolved after it has been handled in accordance with the internal complaints procedure as referred to in Article 5 of this Wki complaints and disputes settlement scheme can only be submitted to the competent Dutch court for the purpose of a binding decision.
Article 5 Internal complaints procedure
- Any Complaint with which a Complainant approaches Pels Rijcken & Droogleever Fortuijn N.V., whether or not by means of the email address klachtincassodienstverlening@pelsrijcken.nl, is forwarded to the Complaints Officer.
- The Complaints Officer, or a person designated for that purpose by the Complaints Officer, will confirm receipt of the Complaint in writing to the Complainant within two working days.
- The Complaints Officer, or a person designated for that purpose by the Complaints Officer, will inform the person about whom the Complaint has been submitted of the Complaint.
- The Complaints Officer, or a person designated for that purpose by the Complaints Officer, will give the Complainant and the person about whom the complaint was made the opportunity to provide a (further) explanation of the Complaint.
- The Complaints Officer, or a person designated for that purpose by the Complaints Officer, will attempt to reach a solution with the Complainant, whether or not in cooperation with the person about whom the complaint was made.
- The Complaints Officer, or a person designated for that purpose by the Complaints Officer, will deal with the complaint within one month of receipt of the Complaint or will inform the Complainant of any deviation from this period, stating reasons and stating the period within which an opinion on the Complaint will be given.
- The Complaints Officer, or a person designated for that purpose by the Complaints Officer, will inform the Complainant and the person about whom the Complaint has been made in writing of the opinion on whether or not the Complaint is well-founded, whether or not accompanied by recommendations.
Article 6 Confidentiality and free handling of complaints
- The Complaints Officer, the person designated by the Complaints Officer as referred to in Article 5 of this Wki complaints and disputes settlement scheme and the person complained about will observe confidentiality when handling the Complaint.
- The Complainant does not owe any compensation for the costs of handling the Complaint.
Article 7 Responsibilities and complaint registration
- The Complaints Officer is responsible for the timely handling of the Complaint.
- The Complaints Officer, or a person designated for that purpose by the Complaints Officer, will keep the Complainant informed about the handling of the Complaint.
- The Complaints Officer, or a person designated for that purpose by the Complaints Officer, will, with due observance of the applicable privacy regulations, keep an overview of all Complaints received, including the subject of the Complaint and its settlement. A Complaint can be categorised under different topics.
Article 8 Processing of personal data
The personal data obtained in the context of the Complaint will be processed in accordance with the applicable privacy regulations and will only be used in the manner described in Pels Rijcken's privacy statement.