- Complaints -

Complaints

At Bayview Italia 106 S.p.A., we aim to establish and consolidate our reputation on the market by offering high quality services. That is why we take our customers’ complaints very seriously and strive to respond and resolve them as quickly as possible.

On this page, we provide you with information on how to send us a complaint.

1. What is a complaint?

A complaint means “any act by which a clearly identifiable customer complains in writing (e.g. letter, fax, email) to the intermediary about conduct or omission” (Bank of Italy provisions on “Transparency of banking and financial transactions and services. Fairness in the relationship between intermediaries and customers”).

You may lodge a complaint with us about:

• the services we provide as part of our institutional activity;
• our servicing for each of the SPVs we work with.

Our Legal & Corporate Affairs Department will look into your complaint with the utmost care.

2. How to make a complaint

You may send us a complaint, in writing only, by:

• ordinary or registered mail to Bayview Italia 106 S.p.A., Piazza Armando Diaz no. 5, 20123, Milan, for the attention of the Legal & Corporate Affairs Service;
• email to the address reclami@bvi106.eu
• certified email to the address reclami.bvi106@legalmail.it

3. What information do we need?

Please send the following information along with your complaint to help us better deal with it:

1. documents proving your identity and, therefore:
   • if you are a natural person, an identity card or equivalent document certifying the following information: name, surname, residential address, tax code, place and date of birth;
   • if you are representing a legal person, a company registration report or equivalent document certifying the registered name and company name, registered office, tax code and VAT number, your powers of representation and your identification documents;

If you are being assisted by a lawyer, in addition to the identification documents described above, you must provide us with a copy of the power of attorney, stating your personal details and clearly and unambiguously indicating the professional mandate given to your lawyer.

2. Your landline or mobile telephone number where we can contact you to ask for clarification on the Complaint;
3. the number of the disputed report, if available (e.g. your NDG or mortgage report number);
4. a detailed description of the subject matter of the Complaint with an indication of the grounds;
5. any documentation and information relating to the complaint that may help us to understand it better.

4. How long will we take to respond?

We undertake to reply to you within 30 days of receipt of the Complaint accompanied by the documents listed above, although the regulations in force provide for a limit of 60 days.

5. How we manage complaints

We have adopted a procedure for handling complaints that complies with the Supervisory Provisions on Transparency and assigned responsibility for it to our internal Legal & Corporate Affairs Department, which:

• is independent of the structures responsible for marketing products and services.
• is able to investigate Complaints in a fair manner and to identify and mitigate conflicts of interest with both the client and with the internal structures whose behaviour is the subject of the complaint, ensuring the fair treatment of complaining clients in all cases.
• is equipped with adequate professional resources in terms of number, technical and professional skills, updating, also through the introduction of continuous training programmes and with appropriate IT tools for the registration, management and processing of Complaints in order to ensure prompt and comprehensive responses.

Depending on the content of the complaint, the service involves all the corporate functions which, according to their competence, it deems necessary to promptly identify the causes underlying the complaint and to fully resolve it. The methods of involvement and interaction are appropriately defined in the complaints management procedure and each request is tracked and monitored by the Service, which ensures that it is dealt with in accordance with internally-established time frames aimed at guaranteeing timely handling of the complaint and, in any case, within the time frame provided for by current regulations. The business functions involved cooperate, without hesitation, in the handling of complaints according to their competencies and put your best interests at the centre of their attention.

When dealing with complaints, we ensure:

• Traceability: The complaint must always be registered and handled in an appropriate manner.
• Timeliness: a maximum response time of 60 days from receipt of the complaint is always respected.
• Transparency: the procedures for making a complaint are always clearly indicated in the pre-contractual documentation and on the website. In addition, we will promptly send you confirmation of receipt and acknowledgement of the complaint.
• Completeness: all useful elements for the proper handling of the complaint will be acquired and documented.
• Clarity: we always try to ensure a clear and understandable explanation of the reasons for the outcome of the complaint in the responses that we give you.
• Fairness: the utmost fairness towards you is guaranteed while handling your complaint.
• Free of charge: interaction with the complaints handling staff is always free of charge for you.
• Training: service employees and staff in direct contact with customers are regularly and adequately trained on their respective tasks.

Complaints management information can highlight the existence of room for improvement in our internal operations. We therefore use it to continuously improve our operational processes, range of offerings, sales methods and customer relations.

We endeavour to prepare answers to complaints in clear and comprehensible language, always including at least:

• if the complaint is considered to be well-founded, the steps we will take and the time frame within which we will carry them out;
• if the complaint is considered to be unfounded, a clear and comprehensive explanation of the reasons for the rejection, as well as indications that you may refer the matter to the Banking and Finance Arbitrator if you are not satisfied with our response.

6. What happens if we don’t respond?

If you are not satisfied with our response or we have not responded to you within 60 days, you can appeal to the Banking and Finance Arbitrator (BFA) within 12 months of making your complaint before going to court.

The BFA is an out-of-court dispute resolution system between customers and intermediaries, which was established in 2009. It is an autonomous and impartial body in its tasks and decisions, supported in its functioning by the Bank of Italy, whose decisions are not binding for the parties, and who always have the right to appeal to the ordinary Judicial Authority.

To find out how to apply to the Arbitrator, you can consult the website directly https://www.arbitrobancariofinanziario.it/homepage/index.html?com.dotmarketing.htmlpage.language=3&dotcache=refresh, ask at Bank of Italy branches, ask us directly or have a look at the Banking and Finance Arbitrator practical guide.

7. Privacy

We will process your data and the information you provide us with in the event of a complaint in accordance with the regulations in force, as indicated in the information notices available on this website at link.