law consultancy office
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tokbaş & partners

consumer law in banking sector

Banking Sector is one of the most controversial sectors in terms of consumer law. Thus, it must be determined that the banking transactions performed by the banking sector and consumers are in full compliance with law. Consumer law details overlooked may allow one side of the transactions unearned income. Whereas, it is important to have a good understanding of consumer law logic and command of its dynamics and at the same time  to execute the law successfully as well as to contribute to the objective development of consumer law in this area for all groups.

 

tokbaş & partners provides consumer law services for banks, finance, factoring, asset management companies, off-shore banks, national and international financial leasing companies and all financial institutions thanks to its command of consumer law in the banking sector. These services are detailed individually for companies and persons. We defined individual subcategories for our services for companies, namely  “protective/preventive advocacy, process consultancy and official attorneyship”. Services offered by tokbaş & partners in this area can be detailed as follows: 

Protective / Preventive Advocacy Services: 

 

1.       Conduct trainings for bank managers and relevant personnel on "consumer law and practices in banking sector"

2.       Organize consumer law training for bank branches and provide personnel training across Turkey

3.       Draft banking agreements subject to the field of Consumer Law as per the legislation and practices

4.       Draft banking sector documentation used in consumer transactions as per the legislation and practices

5.       Provide opinions and create legal reports on new banking practices

6.       Ensure legal control of trade advertisements and announcements prior to publication as per consumer and advertisement legislation as well as administrative practices

7.       Ensure legal control of commercial practices under the scope of  the provisions relating to "unfair commercial practices"

8.       Due diligence

9.       Legislation review and weekly legislation report on the banking sector

10.     Review the decisions of administrative and regulatory committee; weekly report on the decisions of administrative and regulatory committee related to banking sector

 

Process Consultancy Services:

 

1.       Monitor banking agreements and express opinions on contractual discrepancies

2.       Monitor banking practices and other documents and express opinion on the discrepancies resulting therefrom

3.       Express opinion on discrepancies relating to trade advertisements and announcements

4.       Express opinion on the resolution of issues encountered in consumer law legislation

5.       Give response to requests for verbal and written legal opinion

6.       Take initiatives and express opinion required for resolution of differences in interpretation or problems resulting from consumer law between relevant administrative bodies and the company

7.       Monitor mortgage and collateral transactions

8.      Provide mediation-reconciliation services between the company and consumers

9.       Establish and maintain a consumer compliant hotline

10.   Create templates for pleas to be written to Consumer Courts and Consumer Arbitration Boards considering different problems and possibilities

11.    Control and compliance check for the pleas written to the attention of Consumer Courts and Consumer Arbitration Boards

12.    Control and compliance check for the pleas to be written and documents to be submitted about consumer law to administrative bodies

13.    Management of the process of inspector audit by the Ministry of Customs and Trade

 

 

Official Attorneyship Services:

 

1.       Ensure representation of the bank and follow-up of its files at Consumer Arbitration Boards

2.       Ensure representation of the bank and follow-up of its files at Consumer Courts

3.       Ensure representation of the bank and follow-up of its files at administrative bodies

4.       Actions for nullity for administrative fines imposed as part of  TKHK

5.       Follow-up of bank receivables

 

 

 

 

1.       Follow-up of lawsuits arising from consumer loans

2.       Follow-up of lawsuits arising from housing finance agreements

3.       Follow-up of lawsuits arising from credit card agreements and use

4.       Follow-up of lawsuits arising from leasing agreements

5.       Follow-up of bank mortgage and other collateral transactions

6.       Lawsuits for monetary and spiritual damages arising from banking transactions

7.       Follow-up of structuring, postponement or installment processes for bank debts

8.      Claims for damages arising from acts in breach of competition law in the banking sectors

9.       Claims for damages arising from manipulative ads and unfair commercial practices in the banking sector

 

for companies :

for persons :