The regulation of banking or rather abuse of banking to consumers is a concern not only in Mexico but in many countries. In Spain, the Association of Users of Banking Services (AUSBANC) has marked a milestone in the relationship of consumers of large corporate finance and business.
In an exclusive interview to IDC Legal Security Prosecutor, Mr. Luis Pineda, Founder President of AUSBANC says, the struggle of this association and some points that would be suitable for our country.
AUSBANC has written history to take cases that seemed obvious and too small to be noticed by the authorities. The beginning was in the relationship of individuals with commercial banks, but then continued with the services of fixed and mobile telephony, natural gas and services in general.
Where would a consumer or user affected by malpractice lawyers involved AUSBANC to enforce laws and rules that were already written but that simply is not interpreted in favor of individuals.
Luis Pineda was not limited to that achieved in his native Spain, and beginning a relationship with institutions involved in consumer protection and banking users in other countries to share their experience. In Mexico it is considered CONDUSEF friend, PROFECO, Ministry of Finance and of all that institution interested in best practices with adherence to legality.
When Luis Pineda experienced a negligent denial of their request for funding as a newly graduated lawyer, began to observe a very unequal relationship between the financial service provider and the applicant. “We must do something,” said then and I did in creating the Association of Users of Banking Services, AUSBANC that to be known among the Spanish first published a little pamphlet to be distributed at the Bank of Spain, the bank supervisor, at eight o’clock in the morning. Luis Pineda himself was among the bank’s clients for his present and still remembers that the theme of this pamphlet was “Facing the abandonment of the administration and the arrogance born AUSBANC banking, to cover the interests and rights of users banking and financial services.
A right is a legally protected interest, says Pineda, and had much right but the issue is not executed, is not known by the holders of those rights.
Who is running constantly and swells their rights?
Banking. Every day they talk about their rights, the trial run on what about the rights of clients?, Consumer rights exist but do not know them or not we exercise.
The banks are very well organized, he says, but as customers want them not only those rights that were enough, but not enough, we wanted something else and those are the interests, those conveniences that are not supported by general law.
When a customer enters a bank branch is reasonable to say good morning to you, says Pineda, but there is no rule of law dictates. Then, in Spain in those years when you hire a current account could not carry a copy of the contract, not a right, it was just an interest and convert it into a right. Why can not I sign a document that obliges me and forces the bank and not entitled to have a copy. So we require not the copy, but a bank like the original.
There were plenty of situations in the heat of fresh and motivated young people, were incredible and were there. “It may be that this is true, there must be a permissive rule and had not, was the business practice that of course becomes the norm. But Roman law, and therefore the Spanish and Mexican states that any customary law is against custom, “he says.
I mean, continues Luis Pineda, general principles of law are the law, sentencing and custom. But custom is against custom and law in the commercial banking market and often against the custom if customary law and therefore norm. Until someone raises his finger and says “sorry, that is contrary to customary commercial law and therefore must end it, but if you lift your finger, although that is not legal, it’s a fact.”
AUSBANC comes from seeing the truth and speak it aloud, it was like the story of the naked king, that king whom the tailor had made him a suit so magnificent and wonderful it really was false, Pineda says enthusiastically.
AUSBANC has fought many battles have been won and displayed in the media, some of these have taken up to fifteen years, but says proudly Pineda is the best ally of good entrepreneurs and bankers.
AUSBANC is an organization in favor of consumption, are against the bank or business but it’s inevitable that companies start by doing things right. And this connects with the global financial crisis. This crisis is because the focus of companies was no longer to be successful for their clients, Madoff, Citi Bank, Lehman Brothers, all were on the other hand, not customer service. When a company focuses on serving the customer is fireproof.
The thesis of AUSBANC focuses on serving customers. Luis Pineda quotes John F. Kennedy, who made 15 March 1962, World Consumer Day, “we are the most powerful economic group but have the least voice.
In Spain, the banking system is one of the most important industries. Pineda said that was exciting at the beginning of AUSBANC be sued for the rights of a user of the bench against a large bank and its attorneys, law firms, the best in the world and beat them.
AUSBANC system is empirical, not to change the world, just make it better. Study the things that happen and not going to happen. Following the methodology of the lawyer, who did not invent the problems and solve them coming. The legal mind is not surprised with any complexity, what it does is to systematise and make a claim or in negotiations and get through.
AUSBANC is very close to the public and social reality. What I very close to the judges, whom he defines as strategic allies of those who want to be well paid, operating and respect them and give them authority. “They are the number one among equals, have enormous power to shape a better society,” he says.
The judiciary and the lawyers are the most revolutionary lever XXI century. Standards are many good, but useless without the army of lawyers and remembering that there are no judges to apply.
The global financial crisis is the realization that all we said was true. The financial system is an adjective and noun became is a tragic mistake. It is as if the judges put their demands. The financial system has to make it work the rest of the real system, not the real system. “It has to provide service to customers, customers not to use.
AUSBANC it has been saying to the bench with newspaper articles and lawsuits that have been won.
Pineda AUSBANC has stressed that:
* Greening existing laws, good laws have not been repealed and willfully forgets it. Since the code of Hammurabi, to the Justinian code, but recent laws that are born of crisis.
* Re-edit interpretations of laws and rules, where as the interpreter is a judge and the applicant was always a bank since the bank statements were provided. To the extent that the courts came to become collectors of banks. And remember that when someone does not pay a loan, has an obligation but also means that someone did their job well, if your job is to make loans and do not pay them, then you’re not doing your job. That all have to pay a state judicial organization to save your giving loans mismanagement is a mistake. All collectors pay the banks. And this is not correct, says.
* New rules, AUSBANC has worked with some governments that there are more balanced and fair rules in the banking field. For example, we have a rule that ends the abusive rounding in the calculation of fees on loans. Through judgments terminating small abuses repeated millions of times add up for large numbers of banks.
Another triumph is in using the debit card, where to use network services without telling you charged a fee for using an ATM that is not your bank. In Spain, the cashiers are now asking your permission, because they are the two elements for a contract, consent and acceptance of the offer. That did it and changed 44miles AUSBANC ATMs in Spain and other countries have followed us.
Some people have life insurance and do not know and others that are the beneficiaries and not know it. Then create the record AUSBANC life insurance by law. Now when anyone dies, anyone nearby can ask and do not lose the benefit of the contract. The insurance attached to the bench many times come to avoid paying benefits. To publicize these achievements, International AUSBANC is present in many countries through an information network called the Money Market, with a presence in American markets, Venezuelan, Colombian, Spanish and English.
The difference is AUSBANC with other judgments that accompany them. What we say is supported with documents, decisions and laws.
AUSBANC is considered the best ally of good bankers and respected by those who have no respect for the financial system.
In Mexico will begin with the information to promote transparency and encourage competition. The challenge is enormous considering the economic crisis, but the intention is to have presence at this year AUSBANC among Mexicans, in alliance with good Mexican lawyers.
In Mexico is the environment for which they have more organizations or law firms that defend those rights that already exist in Mexican law. There are many rights that are violated by ignorance of those who would benefit: consumers, citizens of the twenty-first century.
Interview by Edith Avila, a graduate in Economics from the Universidad Panamericana, with postgraduate studies in human rights, finance and social security.
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