Poland - Consumer ombudsmen - Activity Report 2012
In 2012 consumer ombudsmen provided over 444 thousand counsels - more than 75 thousand related to purchase of clothing and footwear. Furthermore, consumers encountered plentiful problems with telecommunications and financial services as well as purchase of household appliances and audio/video devices.
Under the law, the Office of Competition and Consumer Protection is competent in initiating and carrying out active actions concerning practices infringing collective consumer interests. Whereas, in case of individual problems one can rely on assistance provided by municipal or poviat consumer ombudsmen. In the country, there are 371 municipal and poviat consumer ombudsmen who provide free-of-charge consumer counselling as well as information on the rights which we are entitled to. UOKiK reviewed their work on the basis of data sent in by ombudsmen from all over the country.
The most common form of activity conducted by ombudsmen is provision of legal counsels. Last year consumers benefited from this type of assistance 444,391 times (in 2011 – 413,832 times and in 2010 – 416,323 times). Should counsels not be enough to solve a problem, ombudsmen intervene with an undertaking, for example, by either calling him/her to provide clarifications, mediating or instructing. Last year ombudsmen performed interventions with undertakings in 54,891 cases (in 2011 – in 51,540 cases and in 2010 – in 60,191 cases). Ombudsmen also support consumers who decide to defend their interests before a court. They can assist at a lawsuit drafting or suing in any individual or group proceedings. In 2012 they prepared 4,407 lawsuits and complaints in individual proceedings (in 2011 – 4,078 and in 2010 – 3,683).
Sale contracts - the most common problems
In most cases one applied to ombudsmen for assistance referring to purchase of footwear and clothing (75,167 counsels and 14,804 interventions), household appliances and audio/video devices (38,821 complaints and 3,291 interventions), interior furnishing (23,236 counsels and 2,953 interventions), computers (14,792 counsels and 914 interventions) and automotive sector (12,444 counsels and 936 interventions).
Consumer complaints concerned usually either non-conformity of goods with a contract or warranty complaints. Problems declared by consumers included, inter alia, refusal to accept a complaint, presentation of a vendor-friendly ways of complaint resolution, arguing that the warranty is the only possible way of consumer claims settlement and ineffective defects removal.
Services – the most common problems
Likewise in recent years, the majority of complaints related to telecom services (51,487 counsels and 8,973 interventions). Consumer problems related to, inter alia: irregularities linked to changes in terms and conditions of a contract; services quality; charging compensation fees for any contract breach; provision of unreliable information to subscribers on promotion offers valid on the contract signing date; improper provision of services (inadequate tariffs, inadequate pricing, non-execution of other contractual provisions); service transfer to another operator; noncompliance of the operator with the obligation to confirm in writing any amendments to the contract; discontinuing of service provision; lack of Internet access; automatic activation of services not ordered by a consumer.
In cases related to financial services, consumer ombudsmen provided last year 24,126 counsels and 2,609 times addressed undertakings. The number of complaints related to financial services increased in comparison to 2011, when 19,417 counsels and 2,328 interventions were recorded. In 2012 complaints concerned, inter alia, improper implementation of the so-called mortgage loans agreements; irregularities related to banks practices on untimely complaints handling; non-informing consumers on terms and conditions of agreements; bank consultants failure to provide reliable and complete information referring to the agreement contents and consequences of their conclusion; operations of shadow banking companies.
Another group of problems commonly notified by consumers related to renovation and construction services (14,795 counsels and 1,964 interventions). Consumers complained about, inter alia, quality of services provided; implementation of contracts by persons lacking previously declared qualifications; requests for full payments for improperly provided service; refusal to register or accept a complaint.
Where should one seek any help?
Poviat and municipal consumer ombudsmen are available in almost all poviat starost offices and city halls of cities with district rights. In case of a dispute with a dishonest seller or service provider, each consumer can rely on their free-of-charge assistance.
The Office reminds you that apart from municipal and poviat consumer ombudsmen, free-of-charge counselling is also provided at the helpline 0 800 007 707; porady@dlakonsumentow.pl, serviced by the Association of Polish Consumers and at branch offices of the Consumer Federation. A dispute can be also resolved amicably by conciliation courts operating at the Trade Inspection. A consumer should first and foremost submit a request for assistance – it is not burdened with any costs. At present, there are 16 permanent consumer conciliation courts and 15 local branch offices on the whole territory of the country, operating at the Voivodeship Inspectorates of the Trade Inspection. They deal with cases on property rights which resulted from contracts on sale of products and provision of services to consumers.