Complaints Procedure

Article 1 – Definitions

In this complaints procedure, the following definitions apply:

• Complaint: any written expression of dissatisfaction by or on behalf of a client directed at the lawyer or individuals working under their responsibility, concerning the formation or execution of an engagement agreement, the quality of the services, the amount invoiced, or the performance or offering of private extrajudicial debt collection activities within the meaning of the Dutch Debt Collection Quality Act (Wki), not being a complaint as referred to in Section 4 of the Dutch Advocates Act.
• Complainant: the client, their representative, or a third party with a direct interest who lodges a complaint.
• Complaints officer: the lawyer responsible for handling the complaint.

Article 2 – Scope

1. This office complaints procedure applies to every engagement agreement between Thuis Partners and the client.
2. Complaints from debtors regarding Thuis Partners and/or its lawyers acting as providers or performers of private extrajudicial debt collection activities under the Wki fall within the scope of this complaints procedure.
3. Every lawyer at Thuis Partners is responsible for handling complaints in accordance with this procedure.

Article 3 – Objectives

The aim of this complaints procedure is to:

1. Establish a procedure for handling complaints constructively and within a reasonable timeframe.
2. Establish a procedure for identifying the causes of complaints.
3. Comply with legal obligations and maintain/improve client relationships through proper complaint handling.
4. Train staff to respond to complaints in a client-focused manner.
5. Use complaint handling and analysis to improve service quality.

Article 4 – Client Information at Start of Services

1. This complaints procedure is publicly available.
2. Upon entering into an engagement agreement, the lawyer informs the client that the firm has a complaints procedure, which applies to the services provided.
3. The engagement agreement and general terms and conditions specify the independent body or authority to which an unresolved complaint may be submitted for a binding decision, and this is communicated in the engagement confirmation.
4. When performing or offering private extrajudicial collection services under the Wki, the lawyer informs the debtor in writing about the breakdown of the claim, this complaints procedure, and the relevant authority to which an unresolved complaint may be submitted for a binding decision.
5. Unresolved complaints as defined in Article 1 of this complaints procedure will be submitted to the Disputes Committee for the Legal Profession (Geschillencommissie Advocatuur) for a binding decision by arbitration or, at the client’s request, by binding advice.

Article 5 – Internal Complaint Procedure

1. If a client contacts the firm with a complaint, it is forwarded to Mr. N.P.F.E. van der Peet (complaints officer) or Mr. D.E.A.F. Aertssen (deputy complaints officer).
2. The complaints officer notifies the individual against whom the complaint is made and gives both the complainant and the involved party an opportunity to explain the complaint.
3. The involved party attempts to reach a solution with the complainant, with or without the involvement of the complaints officer.
4. The complaints officer resolves the complaint within four weeks of receipt or notifies the complainant of any delay, including the reason and expected timeframe for resolution.
5. The complaints officer informs both parties in writing of the decision regarding the validity of the complaint, with or without accompanying recommendations.
6. If the complaint is resolved satisfactorily, the complainant, the complaints officer, and the involved party sign the decision regarding the complaint’s validity.

Article 6 – Confidentiality and Cost-Free Procedure

1. The complaints officer and the involved party will maintain confidentiality during the complaint handling process.
2. The complainant will not be charged any fees for the handling of the complaint.

Article 7 – Responsibilities

1. The complaints officer is responsible for the timely handling of the complaint.
2. The involved party keeps the complaints officer informed of any contact and potential resolutions.
3. The complaints officer keeps the complainant informed about the status of the complaint.
4. The complaints officer maintains a file on the complaint.

Article 8 – Complaint Registration

1. The complaints officer registers each complaint along with its subject.
2. A complaint may fall under multiple subjects.
3. The complaints officer provides regular reports on complaint handling and makes recommendations to prevent future complaints and improve procedures.
4. Reports and recommendations are discussed at least once a year at the firm and submitted for decision-making.