1. does the ombudsman procedure incur any costs?
No, the ombudsman procedure serves to protect consumers and you as the complainant will not incur any costs, apart from personal expenses such as telephone or postage costs. Any costs incurred as a result of advice from a lawyer will not be covered.
2. can I be represented by another person?
Yes, it is possible for you to have someone else represent you in the ombudsman procedure, for example a relative, acquaintance, lawyer, counselor or debt advisor. In this case, you will need to submit a written power of attorney stating that you have appointed another person to conduct the proceedings (see complaint form). Any costs you may incur as a result of the representation will not be reimbursed.
3. will my data be treated confidentially?
Yes, the ombudswoman and her staff treat all information as strictly confidential and discreet. Personal data is stored and processed in compliance with data protection regulations. If example cases are published, for example as part of the annual activity report, all personal details are completely anonymized.
4. do I need a lawyer or legal knowledge to submit my complaint to the ombudswoman?
No, the ombudsman procedure is consumer-oriented and offers you an unbureaucratic alternative to legal action. You therefore do not need any specialist knowledge and can present your concerns in your own words. However, in order for the ombudswoman to obtain as complete a picture of the situation as possible, it is necessary to submit all available facts and documents.
5 What requirements do I have to meet when submitting a complaint?
If you suspect a discrepancy or an error in your SCHUFA information, you must first arrange for a check at the company's Private Customer Service Center. If you are not satisfied with the result of the processing, you can contact the ombudswoman. The complaint must be submitted to the ombudswoman in writing and contain a comprehensive description of the facts as well as copies of all relevant documents.
6 How does the procedure work?
Once the complaint has been received, it is checked for completeness and admissibility and it is determined whether the complainant's claim can be legally substantiated. All necessary internal and external measures are then taken to clarify the situation. For example, the ombudswoman can initiate a review of the disputed report with the contractual partner concerned or - if the complaint is justified - initiate the correction of a data record. Once all the information is available, the ombudswoman announces her arbitration proposal and the parties involved are informed of the outcome of the proceedings.
7 How does the ombudsman procedure differ from court proceedings?
The ombudswoman cannot question witnesses; the proceedings are limited to the documents submitted to her. Another difference is that if there are still unanswered questions or missing documents to clarify the facts, the ombudswoman can request these at a later date, giving the complainant another opportunity to remedy the deficiency.
8 Where can the rules for the ombudsman procedure be found?
The ombudsman procedure is governed by the rules of procedure for the out-of-court settlement of consumer complaints at SCHUFA Holding AG. They contain the procedural principles, responsibilities and processes.
9. is the ombudswoman bound by SCHUFA's instructions or is she truly independent?
The ombudswoman is not bound by any instructions from SCHUFA. With Brigitte Zypries, a personality with outstanding legal expertise and a high international reputation is taking on the role of independent arbitrator at SCHUFA. For her, the necessary neutrality and independence in exercising her office as ombudsperson is a matter of course - also due to her many years of service as Federal Minister. She will report regularly to the equally independent SCHUFA Consumer Advisory Board as a neutral and public body.
10. what questions/problems can I turn to the SCHUFA Ombudswoman with and what is she responsible for?
The ombudswoman is responsible for all disputed questions from private consumers in connection with personal SCHUFA data that could not be resolved in an attempt to clarify the matter with the SCHUFA consumer service. If you as a consumer believe that you have suffered a disadvantage as a result of SCHUFA's conduct, you can contact the ombudswoman in writing with your concerns. Legal advice is not provided as part of the procedure. Also excluded are cases in which witnesses must be heard or which have already been dealt with by a court or another extrajudicial arbitration board.