Filing a Complaint by an Eligible Debtor Αgainst a Licensed Institution

A. GENERAL INFORMATION

(i) By completing this complaint application, an eligible debtor / individual may submit a complaint to the Financial Commissioner, against a licensed institution, by which he disputes the amount of the required amount in mortgage debt. The complaint shall be examined in accordance with the procedure set out in articles 9(1B), 10A, 12, 13 and 14 of the Establishment and Operation of the Unified Body for the Out Of Court Resolution of Financial Disputes Law, as amended and/or replaced from time to time (hereinafter referred to as “the Law”), provided that all of the following conditions are met:

(a) The complaint is submitted by an eligible debtor, if there is more than one, it is signed by all, as defined in Part VIA of the Transfer and Mortgage of Real Estate Laws and whose mortgaged property under sale constitutes a primary residence, with an estimated value (market value) not exceeding three hundred and fifty thousand euro (€350,000). The basis for the assessment is the assessment carried out, in accordance with the provisions of article 44D of the same law.

(b) The mortgaged property under sale is a primary residence when it is used for the residence of its owner and/or members of his family, for a period exceeding six (6) months per year.

(c) If the eligible debtor has received from the licensed institution all the letters provided for in paragraphs 5(2)(b), 5(2)(c), 5(2)(d) and 5(2)(e) of the Code (which is included in Annex 2 of the Central Bank of Cyprus Arrears Management Directive), after 14/07/2023, to have provided to the licensed institution all the required and other information within the timeframes provided for in the said letters.

(d) The eligible debtor has received the Form “IA” Notice pursuant to subsection (2) of section 44C of the Transfer and Mortgage of Real Estate Laws.

(e) The complaint shall be submitted to the Financial Commissioner, within twenty-one (21) days, from the service of the Form “IA” Notice on the eligible debtor.

(f) No court decision or order for execution and enforcement of an arbitration award has been issued and no legal proceedings or issuance procedure for the execution of an arbitration decision are in progress.

(g) The eligible debtor paid a fee of twenty euro (€20) for the complaint examination, by payment to one of the following accounts:

(a) Hellenic Bank Public Company Ltd
Account Name: E.F.EXO.EPILYSIS DIAF.CHRIMAT.FYSIS
IBAN: CY32 0050 0143 0001 4301 G437 0501
Swift code & BIC Code: HEBACY2N

(b) Hellenic Bank Public Company Ltd
Account Name: TAM EN FOR EKS EP DIAF XRIMAT FISIS
IBAN: CY78 0050 0109 0001 0901 7087 6401
Swift code & BIC Code: HEBACY2N

(c) Bank of Cyprus Public Company Ltd
Account Name: EN.FOREA EXO.EPIL.DIAF.CHRIM.FISI
IBAN: CY52 0020 0195 0000 3570 1944 4789
Swift code & BIC Code: BCYPCY2N

(ii) If you wish to submit your complaint by completing the paper application, you can submit it to the Financial Commissioner, in one of the following ways:

    1. By hand at the address 15 Kypranoros, 1st floor, 1061 Nicosia
    2. By post (by registered mail) P.O. Box 26722, 1647 Nicosia
    3. By fax to 22660584 or 22660118
    4. By email to complaints@financialombudsman.gov.cy

To submit your complaint in one of the above ways (1-4), download the application: Downloading a Complaint Submission Application by an Eligible Debtor against a Licensed Institution

B. FALSE STATEMENTS AND CONCEALMENT OF INFORMATION

Pursuant to article 26 of the Law for the Establishment and Operation of the Financial Ombudsman of the Republic of Cyprus of 2010, as this is from time to time amended and/or replaced, a person who, during the process of providing information for the purposes of the Law or pursuant to the Directives issued under it, knowingly, makes false, misleading or fraudulent statement or conceals an essential element or in any way obstructs the complaint examination by the Financial Ombudsman, is guilty of an offense and in case of conviction, is subject to imprisonment not exceeding two (2) years or to a fine not exceeding ten thousand euro (€10.000) or to both such penalties.

C. NECESSARY DOCUMENTS

To complete the application you will need to attach the following documents:

  1. Receipt of payment of the complaint fee (€20).
  2. Copy of Identity Card or Alien Registration Card (ARC) or Copy of Passport.
  3. If the complaint is submitted by a representative: Power of attorney with original certification.
  4. Copy of notice of intended sale, Form “IA”.
  5. Copy of Type “Θ” and Type “Ι” notification (if available).
  6. Certificate from the community manager that the property under sale is a primary residence.
  7. Copy of a recent utility bill (not older than 6 months).
  8. Valuation of main residence (if any).

Allowed file types: PDF, JPG, JPEG, PNG
Allowed file size: up to 2MB

Please make sure you have the above documents before proceeding to avoid inconvenience.

IMPORTANT NOTICE: English and Greek are the official languages ​​supported by the Office of the Financial Commissioner. Any information / documentation in another language must be accompanied by a translation into English or Greek.


    Fileds with an* must be filled.

    COMPLAINANT'S DETAILS:


    CONTACT DETAILS:


    You are informed that future communication with the Office of the Commissioner will only be conducted electronically, at the email address provided, therefore it is important that it is valid.


    LICENSED INSTITUTION DETAILS:

    Fill in the details of the Authorized Institution in which the credit facility is held with the primary residence as collateral



    ACCOUNT NUMBER:


    State the account number(s) of credit facility(ies) guaranteed by the Main Residence

    Note: You are advised to contact the Authorized Institution where the credit facility is held to confirm the account number before filling in the account number.


    PRIMARY RESIDENCE INFORMATION:


    RELATION TO PRIMARY RESIDENCE:



    COMPLAINT DESCRIPTION:


    Note: The amount is specified in the Notice Letter Type «ΙΑ», which has been sent to you by the authorized institution.


    REQUIRED DOCUMENTS:

    File types allowed for upload: PDF, JPG, JPEG, PNG
    Maximum size per document allowed: έως 2MB