Application for legal aid to the consumer ombudsman - template with overview

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A poviat (municipal) consumer ombudsman may be an extremely helpful body in resolving disputes between consumers and entrepreneurs. This authority acts on the basis of the provisions of the Act on competition and consumer protection. In individual consumer cases, she provides free legal assistance. What should an application for legal aid to a consumer ombudsman look like?

Responsibilities of the consumer ombudsman

The tasks of the municipal consumer ombudsman are set out in Art. 42 of the above-mentioned Act:

 

The tasks of the consumer ombudsman include:

1) providing free consumer advice and legal information on the protection of consumer interests;

2) submitting motions regarding the establishment and amendment of local law provisions in the field of protection of consumer interests;

3) applying to entrepreneurs in matters of protection of the rights and interests of consumers;

4) cooperation with the locally competent branch offices of the Office, bodies of the Trade Inspection and consumer organizations;

5) performing other tasks specified in the Act or in separate regulations.

2.The consumer ombudsman may, in particular, bring actions for the benefit of consumers and, with their consent, join pending proceedings in cases for the protection of consumer interests.

3. The consumer ombudsman in cases of misdemeanors to the detriment of consumers is a public prosecutor within the meaning of the provisions of the Act of 24 August 2001 - Code of Conduct in Petty Offenses (Journal of Laws of 2013, item 395, as amended. ).

4. The entrepreneur addressed by the consumer ombudsman, acting pursuant to para. 1 point 3, is obliged to provide the Ombudsman with explanations and information that are the subject of the speech and to respond to the comments and opinions of the Ombudsman.

5. The provisions of Art. 63 of the Act of November 17, 1964 - Code of Civil Procedure.

 

Therefore, you can go to the ombudsman for help in drawing up a complaint or lawsuit. You can submit an application for legal assistance, e.g. in the scope of drafting letters related to the protection of consumer rights, as well as lodge complaints against illegal entrepreneurs. Entrepreneurs are required to cooperate with the ombudsman in matters relating to the protection of consumer interests. The district consumer ombudsman may demand explanations and information from a professional as well as responding to the ombudsman's comments. An entrepreneur who fails to do so, commits an offense punishable by a fine of up to PLN 2,000 (Article 114 of the Act on Competition and Consumer Protection).

The most important powers of the consumer ombudsman

From the consumer's point of view, the most important right of the ombudsman is the possibility of bringing actions on behalf of consumers and, with their consent, joining proceedings already in progress. The consumer ombudsman may also apply to the criminal court for punishment for an offense committed to the detriment of the consumer.

The form of submitting the application

The Ombudsman works within the poviat starosty. In larger cities (over 100,000 inhabitants) and in cities with poviat rights, the ombudsman may have a separate office. On the website of UOKiK, there is a list of poviat consumer ombudsmen from all over Poland and other consumer advisory institutions, including the address of the registered office, telephone number and e-mail address.

You can get advice directly from the ombudsman's office or by phone. The application may be submitted in writing, not only in traditional but also electronically. The order in which a given case is considered is usually determined by the date of its receipt.

Application for legal aid to the consumer ombudsman - what should it contain?

The necessary minimum information that should be included in every application to the municipal (poviat) consumer ombudsman is:

  • consumer data: name, surname, address, contact telephone number,
  • the reported problem (what type of contract it concerns, since when, what was the contact with the entrepreneur in this case),
  • type of legal assistance expected from the consumer ombudsman (request for advice, intervention with the company or mediation),
  • the amount of the claim being sought,
  • copies of the necessary documents,
  • consumer signature.

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