Legal deadlines for bank claims


Questioner

What legal term must a bank observe for taking a claim decision, to which I was invited by the bank on 01-06-17 and which I submitted on 05-06-17? On 10/1/17 I informed the bank that the 'reasonable period of thirteen weeks' had expired, to which I have not received any response. Is there a legal term that you can rely on, that the submitted claim has been established 'legally'?

Lawyer

The legal term is 62 days (art. 4: 5 Awb) which can be extended by the bank. Now that this is happening in your case, you must draw up a notice of default. After this notice of default, they have two weeks to make a decision, if not, you can claim a penalty.

Lawyer

I do not share Mr Groenewegen's opinion. This is not an administrative law issue, so the AWB does not apply. The law does not provide a statutory period within which a response should be made for these types of cases. It is indeed a reasonable period that is needed to normally handle the case. If more research is needed, it may take longer than is reasonable, but this should be communicated to the customer. I advise you to inform the bank in writing that you want a response within 2 weeks, otherwise you will have to go to court as a last resort.

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