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Consumer Ombudsman
HOWDEN CORREDORES DE SEGUROS S.A. NIT. 860.023.053-1
PROSEGUROS CORREDORES DE SEGUROS S.A. NIT 860.024.858-6
Martha Liliana Sarmiento Martinez has been appointed as Main Financial Consumer Ombudsman, who will attend any claims or complaints filed for the service of this company. Mrs. Maria Julieta Villamizar de la Torre acts as Alternate Financial Consumer Ombudsman.
Such claims may be sent to our offices located at Autopista Norte # 102 - 10 Piso 6 (Bogotá), or directly to the offices of the Consumer Ombudsman located at Cra 13 No. 75-20 Office 208 (Bogotá), or to the e-mail address [email protected], or to the Telephone - (571) 2113298 - (571) 2121397 (Bogotá), in writing, indicating the facts and rights considered violated, as well as the name, identification, address and telephone number of the interested party. This service is free of charge and has the purpose of guaranteeing in an effective, efficient and timely manner an excellent attention to our customers and users. The Consumer Ombudsman's office hours are Monday through Friday from 8:00 a.m. to 6:00 p.m. In case of any concerns you can contact the Consumer Ombudsman at (571) 2113298 - (571) 2121397 (Bogota) or by writing to the contact points mentioned above.
The service offered by the Financial Consumer Ombudsman is free of charge for those who use it and is available to our customers or users whenever they require it or consider that their rights have been violated.
HOW TO FILE A COMPLAINT OR CLAIM:
All Our customers (Circular No. 008 of 2017) may submit their inquiries, requests, applications, complaints or claims directly to our company, to the Financial Consumer Ombudsman or to the Financial Superintendency of Colombia. Each institution will evaluate the procedures within the framework of competence that corresponds to it.
Inquiries, requests, applications, complaints or claims may be submitted in writing or verbally, describing the causes and facts that motivated it, stating the date on which it is filed, as well as the customer or user data (address, telephone, cell phone, email) in order to be properly located to provide a timely response."
When submitting inquiries, requests, applications, complaints or claims directly to our company, a timely response will be given within a maximum of 8 working days. The response times of the channels of the Financial Consumer Ombudsman and the Financial Superintendency of Colombia are established by them.
NORMATIVITY:
In order to keep our clients and users informed, we invite you to consult the current legislation established by the Superintendency of Colombia in relation to your rights, duties and obligations before any entity supervised by the Superintendency of Finance of Colombia in the following link:
FUNCTIONS OF THE FINANCIAL OMBUDSMAN:
a). Attend in a timely and effective manner to the financial consumers of the corresponding entities.
b). To hear and resolve, objectively and free of charge for consumers, the complaints presented by them, within the terms and procedure established for such purpose, regarding a possible breach by the supervised entity of the legal or contractual rules or internal procedures governing the execution of the services or products offered or provided, or regarding the quality of the same.
c). Act as conciliator between financial consumers and the respective supervised entity under the terms indicated in Law 640 of 2001, its regulations, or in the norms that modify or substitute it. For this purpose, the financial consumer and the supervised entity may bring the matter to the attention of the respective Ombudsman, explicitly indicating their desire that the case be attended to in the development of the conciliation function. For the exercise of this function, the Ombudsman must be certified as a conciliator in accordance with the regulations in force.
The document in which the conciliation between the supervised entity and the financial consumer is recorded must be signed by them and the Financial Consumer Ombudsman as a sign that it was carried out in his presence, it will have executive merit and will have the effect of res judicata, without the need to deposit it in the Conciliation Center. Failure to comply with the same shall entitle the party in default to enforce it through the respective legal channels.
d). To be the spokesperson for financial consumers before the respective supervised entity.
e). To make recommendations to the supervised entity related to financial consumer services and attention, and in general in matters within the scope of its activity.
f). To propose to the competent authorities the regulatory modifications that may be convenient for the better protection of the rights of financial consumers.
g). Any other duties assigned by the National Government for the proper development of the SAC.
RIGHTS AND OBLIGATIONS OF THE FINANCIAL OMBUDSMAN
a). In development of the due diligence principle, financial consumers have the right to receive from the supervised entities products and services with security and quality standards, in accordance with the conditions offered and the obligations assumed by the supervised entities.
b). To have at their disposal, under the terms established in this law and other special provisions, transparent, clear, truthful, timely and verifiable advertising and information on the characteristics of the products or services offered and/or provided. In particular, the information provided by the respective entity must be such as to allow and facilitate its comparison and understanding with respect to the different products and services offered in the market.
c). Demand due diligence in the provision of services by the supervised entities.
d). Receive adequate education regarding the different ways of implementing the products and services offered, their rights and obligations, as well as the costs generated thereon, the markets and type of activity developed by the supervised entities, as well as the different protection mechanisms established for the defense of their rights.
e). Respectfully submit queries, petitions, requests, applications, complaints or claims before the supervised entity, the Financial Consumer Ombudsman, the Financial Superintendency of Colombia and self-regulatory bodies.
f). Other rights established in this law or in other provisions, and those contemplated in the instructions issued by the Financial Superintendency of Colombia.
CONCILIATION BEFORE THE OMBUDSMAN
Financial consumers or clients may also request before the Financial Consumer Ombudsman the resolution of conflicts they may have with HOWDEN COLOMBIA. The requirements to request that the matter be settled through the conciliatory process are as follows:
- In writing in which it is expressly stated that the matter in question be submitted to the conciliatory process, with a clear description of the petition or request sought, the facts relating thereto, the name and identification of the financial consumer and the physical or electronic address.
- The matter must be conciliatory, which means that it must deal with rights of patrimonial content that are susceptible to transaction.
- Those matters that according to the provisions of Article 14 of Law 1328 of 2008, are excluded from the competence of the Financial Consumer Ombudsman, for example, the decision on the recognition and payment of a claim because this is an obligation outside the functions of HOWDEN COLOMBIA and proper of the Insurance Companies, as well as other matters expressly provided for in the rule and in the regulation applicable to the Conciliation, are not conciliatory.
The procedure followed by the Ombudsman once the request is received is to evaluate whether the matter is conciliatory and, if so, summons the Parties - the client and HOWDEN COLOMBIA - to a Hearing in which the Ombudsman will act as Conciliator, which consists of presenting settlement formulas so that the parties can discuss them and settle the controversy. If the parties reach an agreement, a Conciliatory Settlement Agreement will be drawn up and signed by the parties and the Ombudsman. This document has the following characteristics:
- It has the effects of a judgment, which means that the matter becomes res judicata.
- It has executive merit, which means that its compliance can be demanded.
In case the parties do not reach an agreement, the Conciliator makes a record of No Conciliation. The Ombudsman in his capacity as conciliator does not act as a judge and does not decide on the controversy, he is a third party conciliator between the parties to try to reach an agreement.