Complaints settlement scheme
Lubbers & Dijk Civil-Law Notaries has an internal complaints settlement scheme in place for clients who are unsatisfied about the working procedures of a civil-law notary or an assigned civil-law notary of Lubbers & Dijk and who wish to present their complaint to a complaints officer of the office, thereby avoiding legal proceedings involving the Disputes Committee for the Notarial Profession or the Dutch Chamber of Civil-Law Notaries. The scheme reads as follows:
Definitions
Office
The civil-law notary’s office going by the name of “Lubbers & Dijk Civil-Law Notaries”
Complaint
Each reasonably as such designated oral or written expression of dissatisfaction regarding the services provided by the civil-law notary, made known by or on behalf of the client.
Complainant
The client or his representative who expresses a complaint.
Civil-law notary
A civil-law notary or junior civil-law notary affiliated with the office.
Complaints procedure
The procedure applied by the office to handle complaints.
Complaints settlement scheme
this document, being the written description of the complaints procedure applied by the office.
Complaints officer
The person, not being the civil-law notary about whom the complaint is filed, designated to handle the complaint in question.
Complaints registration form
An internal form that is used in Implementation of the rules as laid down in the complaints settlement scheme.
Disputes Committee for the Notarial Profession
The committee as established by the Foundations for Consumer Disputes Committees (SGC) and for Profession and Business (SGB) to whom the office can submit disputed and unpaid invoices and where proceedings can be instituted if the solution offered by the office is deemed unsatisfactory.
Dispute Settlement Scheme for the Notarial Profession
The procedure as applied by the Disputes Committee for the Notarial Profession for the settlement of disputes between civil-law notaries and clients.
Regulations of the Disputes Committee for the Notarial Profession
The regulations in which the working procedures of the Disputes Committee have been laid down.
Objectives
The objectives of the complaints settlement scheme are:
- to establish a procedure with which to constructively resolve complaints from clients within a reasonable period of time;
- to establish a procedure by which to ascertain the causes of complaints from clients;
- to retain and improve existing client relationships by adequately handling complaints;
- to train staff members to provide a client-oriented response to complaints;
- to improve the quality of the services provided with the aid of complaint handling and analyses.
Informing the client
The civil-law notary:
- points out to the client that the office has a complaints settlement scheme in place.
- informs the client that unsolvable problems can be presented to the Disputes Committee for the Notarial Profession.
- informs the client that the Regulations of the Disputes Committee for the Notarial Profession can be requested from the secretary of the committee at the address: P.O. Box 90600, 2509 LP The Hague, the Netherlands, or on the website www.degeschillencommissie.nl.
The internal complains settlement procedure
- A complainant wishing to make use of the scheme is required to report the complaint to the complaints officer in writing (by letter, fax or e-mail), requesting him to handle the complaint in accordance with this complaints settlement scheme.
- The complaints officer is: P.L.E.M. de Meijer, LL.M., civil-law notary, unless the complaint is filed against him, in which case G.T. Tjadens, LL.M., civil-law notary, will act as complaints officer.
- Within two days after receipt of a written complaint, the complaints officer informs the client that he has received the complaint.
- The complaints officer informs the civil-law notary involved about the written complaint. The civil-law notary Involved or the complaints officer see to it that the complaint Is handled adequately and in compliance with this complaints settlement scheme.
- The civil-law notary involved consults the complainant for the purpose of finding a solution, whether or not after consultations with the complaints officer.
- Secrecy must be guaranteed under all circumstances.
- By no later than fourteen (14) days after receipt of the written complaint, the complaints officer sends the client a substantive response to the complaint or an invitation to discuss the complaint In person.
- By no later than four weeks after receipt of the complaint, the complaints officer provides a substantive response to the complaint. The complainant is informed about the decision in writing.
- If the complainant deems the complaint to have been handled unsatisfactorily, the complainant can appeal to the Disputes Committee for the Notarial Profession.
Registration and classification of the complaint
- All complaints are registered in accordance with the complaints form.
- The complaints officer registers and classifies the complaint.
- The complaint is classified according to the nature of the complaint in accordance with the following categories:
- complaints about the working procedures of, or treatment by, the civil-law notary;
- complaints about legal, substantive aspects of the services provided;
- complaints about financial aspects of the services provided;
- complaints about the practice in general.
- A complaint can be included in more than one category.
- If the complaint is settled satisfactorily, the civil-law notary involved and the complaints officer sign the complaints registration form.
Responsibilities
- The civil-law notary involved and the complaints officer are responsible the handling and settlement of complaints.
- The complaints officer is responsible for the full completion of the complaints registration form.
- The complaints officer keeps the complainant informed about the further handling of the complaint.
- The complaints officer maintains the complaints file.
Analysis of the complaints
- When the complaint has been settled, the complaints registration forms are kept by the complaints officer.
- The complaints officer periodically reports on the settlement of complaints.
- The complaints officer processes the data and makes an analysis.
- The complaints officer also makes recommendations for the prevention of new complaints and for improvement of the procedures.
Internal consultations
- Once a year, the complaints-related data are discussed at the office on the basis of an analysis.
- Measures for Improvement are prepared and scheduled.
- The complaints officer is responsible for the organisation of that meeting and for the analysis.
Preventive measures
- Based on the annual analysis of the complaints officer, the office decides which preventive measures should be taken to improve the quality of the services provided.
- The proposed measures are presented at the partners’ meeting together with the analysis.