Office complaints procedure RechtNet Advocaten BV
Article 1 Definitions
In these office complaints regulations the following terms are understood to mean:
– complaint : any written expression of dissatisfaction by or on behalf of the client towards the lawyer or persons working under the lawyer’s responsibility regarding the conclusion and performance of a contract of engagement, the quality of the service , the amount of the invoice, the performance or offering of out-of-court debt collection activities, not being a complaint as referred to in section 4 of the Dutch Lawyers Act;
– complainant : the client , his representative or a third party with a direct interest who makes a complaint known;
– complaints officer : the lawyer responsible for handling the complaint;
Article 2 Scope of application
1. This office complaints procedure applies to every agreement of assignment between RechtNet Advocaten and the client.
2. Complaints from a debtor about RechtNet Advocaten as a provider or provider of out-of-court debt collection services also fall within the scope of this complaints procedure, as referred to in Article 4, paragraph 2, sub b, and Article 14, paragraph 3, of the Debt Collection Services Quality Act.
3. Every lawyer at RechtNet Advocaten is responsible for handling complaints in accordance with the office complaints procedure.
Article 3 Objectives
a. The purpose of this office complaints procedure is:
b. establishing a procedure to handle client complaints constructively within a reasonable timeframe;
c. establishing a procedure for determining the causes of complainants’ complaints;
d. provide for a legal obligation, maintain and improve existing relationships through proper complaint handling;
e. to train employees to respond to complaints in a client-focused manner;
improving the quality of service through complaint handling and complaint analysis.
Article 4 Information at the start of service provision
1. This office complaints procedure has been made public. Before entering into a contract of engagement or the debtor’s agreement with lawyers performing or offering out-of-court debt collection services, the lawyer must inform the client that the firm has an office complaints procedure and that it applies to the services provided.
2. Consumers can submit complaints to the Disputes Committee for the Legal Profession. These complaints must concern debt collection activities in which a debtor complains about RechtNet Advocaten as a provider or provider of out-of-court debt collection services as referred to in Article 4, paragraph 2, subparagraph b, and Article 14, paragraph 3, of the Debt Collection Services Quality Act. All other complaints that do not pertain to this cannot be submitted to the Disputes Committee. These are explicitly excluded.
Article 5 External complaints procedure
Complaints as referred to in Article 1 of these office complaints regulations that remain unresolved after handling may be submitted to the competent Dutch court. Unless otherwise provided by law, the District Court of ‘s-Hertogenbosch has jurisdiction to hear the dispute.
Article 6 Internal complaints procedure
1. If a complainant approaches the firm with a complaint, the complaint will be forwarded to Mr. N. Roovers, who will then act as complaints officer. If the complaints officer is the attorney handling the case, the complaint will be forwarded to the second complaints officer, Mr. CAMH Vink.
2. The complaints officer informs the person against whom the complaint has been made of the filing of the complaint and gives the complainant and the person against whom the complaint has been made the opportunity to provide an explanation of the complaint.
3. The person against whom the complaint has been made will attempt to find a solution together with the client, with or without the intervention of the complaints officer.
4. The complaints officer will handle the complaint within four weeks of receipt of the complaint or will notify the complainant, stating reasons, of any deviation from this period, stating the period within which a decision on the complaint will be made.
5. The complaints officer will inform the complainant and the person against whom the complaint has been made in writing of the decision on the merits of the complaint, with or without recommendations.
6. If the complaint has been resolved satisfactorily, the complainant, the complaints officer and the person against whom the complaint has been made will sign the decision on the merits of the complaint.
Article 7 Confidentiality and free complaint handling
1. The complaints officer and the person against whom the complaint has been made shall maintain confidentiality during the complaint handling process.
2. The complainant is not liable for any compensation for the costs of handling the complaint.
Article 8 Responsibilities
1. The complaints officer is responsible for the timely handling of the complaint.
2. The person against whom the complaint has been made shall keep the complaints officer informed of any contact and a possible solution.
3. The complaints officer keeps the complainant informed about the handling of the complaint.
4. The complaints officer maintains the complaint file.
Article 9 Complaint registration
1. The complaints officer registers the complaint, including the subject of the complaint.
2. A complaint can be classified into multiple topics.
3. The complaints officer shall periodically report on the handling of complaints and make recommendations for preventing new complaints and for improving procedures.
4. At least once a year, the reports and recommendations will be discussed at the office and submitted for decision-making.
