Also, in 2016, there was a very sharp decline in the number of complaints related to
toll fees, which may be explained by the correction of the most flagrant deficiencies of the
legal system and in the clarification of the main questions of users.
Finally, there was an increase in the cases opened regarding the collection of the audiovisual contribution (CAV). Almost all of the cases (17, an increase of roughly 2,5 compared to the previous year) resulted from the collection, in 2016, of the CAV respecting
2015 since it was not confirmed the assumption on the basis of the exemption in that year
(annual consumption of electricity less than 400 kWh). A final position on this matter
will take place probably in 2017, which will not fail to take account the background to
this subject, namely the recommendation No. 15/A/2013, of 7 October.(12)
Banking
Complaint on this issue show the concerns of citizens with the costs associated with
commissions (11), as well as some problems related to the granting of credit (10). These
complaints continue to reveal some situations of financial need, over-indebtedness and
a low degree of financial literacy, which leads, for example, to undertaking bails without the minimum knowledge required about the actual consequences of such decisions.
Often, at a time when such problems are presented to the Ombudsman there is not much
to be done, except to inform and direct the complainants to attempt negotiating a debt
settlement plan with creditor banks, eventually requesting the intervention of the Credit
Mediator. Also, it is provided information to complainants about the possibility of challenging the borrower in court or out of court.
As per above, the Ombudsman received complaints regarding the attachment of bank
accounts which are directed to banks. This happens when the bank seizes the entire balance of bank accounts, disrespecting, namely, the minimum threshold of unseizability
provided for in paragraph 5 of article 738 of the Civil Procedural Code – and depriving
the debtor of the amount essential to keep his livelihoods. It also happens when bank
accounts are owned by more than one person (some banks seize the entire balance, without taking into account the share of the debtor).
Besides the Ombudsman’s intervention with the addressed credit institution whenever the respective nature allows it(13) and besides directing the complainants to the appropriate means of protecting their rights, namely in court, this State body has requested statistic information to the Bank of Portugal, which, by the end of the year, had not yet been
provided. This prevented the Ombudsman to reaching a final conclusion on this issue.
(12) Available in the Ombudsman site: http://www.provedorjus.pt/site/public/archive/doc/Rec_15A2013.pdf
(13) The activity of private banking is generally outside the scope of the Ombudsman’s competence.
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