EBA consults on Guidelines on complaints handling by credit servicers

The European Banking Authority (EBA) today launched a public consultation on its draft Guidelines on complaints handling by credit servicers under the Credit Servicers Directive (CSD). The proposed Guidelines suggest applying to credit servicers the requirements of the existing Joint Committee Guidelines on complaints-handling. Those requirements include complaints management policy, complaints management function, registration, reporting, internal follow-up, provision of information and procedures for responding to complaints. The consultation runs until 9 February 2024.

The draft Guidelines are addressed to competent authorities and specify the requirements credit servicers should comply with when establishing and maintaining effective and transparent procedures for complaints handling from borrowers.

With the aim of bringing about consistent, efficient and effective supervisory practices and a high level of consumer protection across all EU Member States during the transposition of the CSD Directive, the EBA is proposing to extend to credit servicers the application of the existing Joint Committee Guidelines on complaints handling, which were developed by the three European Supervisory Authorities (ESAs) and apply uniformly across the banking, investment and insurance sectors since 2014.

Consultation process and next steps

Comments to this consultation can be sent to the EBA by clicking on the "send your comments" button on the consultation page. Please note that the deadline for the submission of comments is 9 February 2024. All received contributions will be published at the end of the consultation, unless requested otherwise.

The EBA will hold a virtual public hearing on the consultation paper on 11 January 2024 from 14:00 to 15:30 CET. Please register for the hearing here by 9 January 2024 by 16.00 CET. The dial-in details will be communicated to those who have registered for the meeting. 

Background

Directive (EU) 2021/2167 on credit servicers and credit purchasers (Credit Servicers Directive – CSD, at times also referred to as the ‘NPL Directive’ or ‘Loan Servicers Directive’) was published on 8 December 2021 and EU Member States are required to adopt and publish the national measures to transpose the provisions of the Directive by 29 December 2023.

The EBA developed these Guidelines in accordance with Article 16 of Regulation (EU) No 1093/2010, to support of the transposition of Article 24 (1) of the CSD that provides that “Member States shall ensure that credit servicers establish and maintain effective and transparent procedures for the handling of complaints from borrowers”.