SINPE Service Claims

Claiming of Funds

The Funds Claim service (FCS) was developed as a measure for protecting users of SINPE services, giving them the opportunity of filing claims when debits that have not been authorized are applied to their IBAN Accounts, or when processed credits are not made.

Regardless of the type of claim made, the Reference Number of the transaction is essential. It consists of 25 digits and is included in the receipt for the debit or credit transaction. If that number does not appear, it must be requested from the entity that carried out the transaction.

Customers are thus assured that they can make a claim about improper charges to their account and can also manage the corresponding refund. In addition customers are able to make a claim if the crediting of these funds is delayed.

In these three cases, the claim procedure must be carried out first with the financial institution itself through the Fund Claim Service. If the financial entity does not respond, the claim must then be filed with the National Electronic Payment System Department of the Payment Systems Division of the Central Bank of Costa Rica.

Types of Claims

1. Credits not applied: Claims related to the non-crediting of funds in an IBAN Account.
2. Claims in the BCCR: After making a claim for non-accreditation of funds, if the situation is not corrected or if the entity fails to comply within the time limit for accreditation of the funds, a claim can be filed with the BCCR.
3. Unauthorized debits: Claims for unauthorized or incorrect debits from the IBAN Account.

Benefits

1. Customers always have the option of making a claim against an operation in their accounts that they consider to be unacceptable.
2. The system provides the necessary records or receipts for analyzing any of the claims which are filed.
3. If customers are not assisted satisfactorily by their financial entities, they have the option of lodging their claims with the BCCR.

Deadline for claims

Customers have up to 45 calendar days, counted from the date on which the transaction (credit or debit) was processed, to request that their financial institution submits the claim through the SINPE funds claim service.

Once this period has elapsed, and in accordance with current regulations, a claim will be considered to not have been presented within the time specified, and therefore cannot be processed through the SINPE. In this case, customers must submit the claim to the provider of goods and / or services who ordered the transaction.

Affected customers must file the claim with their financial institution, on business days and within the hours established by it.

In the case of transactions that involve debits from a customer account which were not authorized by the customer or were not for a correct amount, the customer whose account was debited may make a claim for the return of these funds. This procedure is carried out through the SINPE’s funds claim service.

Claims for unauthorized debits

Any physical or legal person who signs a direct debit order will receive automatic charges in their IBAN Account for the amount and concept of the payment that they have authorized through signing the authorization.

Before an amount is debited from an account, the financial institution must verify that the payment received is in accordance with what was authorized by its customer in their order. However, even when it is unlikely, there could be cases in which the creditor duplicates their collection, charges too much, charges for an unauthorized concept, or cases when the financial institution of the payer charges to an account a payment that has not authorized. In that case, in accordance with current legal provisions, the affected customer has the right to claim replacement of the funds lost.

Reimbursement of the claimed funds is carried out under the reverse charge modality – in other words, the possibility of reversing an operation in case of claims has been included in the authorization as a feature. Otherwise, reimbursement cannot be claimed by these means.

After the claim process has been validated, the funds will be debited from the account of the customer who made the undue or unauthorized collection and under normal operating conditions. These funds must be credited to the account of the affected party no later than noon on the business day following the date the claim was filed.

Application example

A customer authorizes a debit from his or her account for ₡10,000 a month for payment of a subscription to a magazine. In one of the charges ₡15,000 is deducted without a new agreement between the customer and the supplier. Because of this situation, the affected customer must file a claim with his or her financial institution so that through the SINPE, it requests the supplier’s entity to return the wrongly collected funds.

If the claim can be processed, given that the transaction was effectively credited to the counterpart entity at twelve noon of the next business day, the affected customer will receive a credit in his or her account for the ₡15,000 that was unduly collected. The customer must then carry out the necessary steps with his or her supplier to make the payment again, but for the correct amount.

If the customer does not know the reference number of the transaction, he or she must go to their financial institution and request it.

Procedure for submitting a claim

According to current legal provisions, the financial entity must process a claim immediately through the Funds Claim Service of SINPE. This means that the funds will be returned within the time established.

When a financial entity receives a customer’s claim, the financial entity will include an instruction in that service so that the funds from the affected IBAN account are debited at the creditor’s financial institution (a reverse charge). It must indicate the Reference Number assigned to the corresponding transaction.

Automatically and in real time, the SINPE confirms that the transaction has previously existed, that it is within the regulatory deadline for submitting the claim, that it has not been rejected and that there is no other previous claim, to avoid duplication.

If the transaction meets these conditions, the request is processed, and the entity gives the customer a “proof of claim.” The customer will then receive a credit in his or her account on the next business day for the amount claimed.

Types of claims and deadlines in the BCCR

This section provides details about the different types of claims that customers can file against entities that have allegedly breached a rule and thus harmed a SINPE user.

Deadlines for submitting claims

The customer has 45 calendar days, counted from the date on which the transaction (credit or debit) was processed, to file a claim with the appropriate financial entity.

Once this period has elapsed, and in accordance with the provisions of SINPE regulations, the claim will be considered to not have been presented within the time specified, and therefore cannot be processed through the SINPE or presented to the BCCR.

In the case of claims submitted to the BCCR, the claim may be submitted electronically, by email: reclamaciones@bccr.fi.cr Claims can be received 24 hours a day and will begin to be processed the next business day after they are received.

Funds

   • Credits not applied or credited late in the IBAN Account.
   • Unauthorized or incorrectly made debits to the IBAN Account.
   • Unduly rejecting a previously authorized debit operation.
   • Improperly rejecting a credit to an account for any of the services available through the SINPE.
   • Charging commissions higher than those reported on the BCCR website for the provision of services.

Compensation

• Not refunding the amount of the fee for a transaction that was not made.
• Failure to pay compensation for late accreditation.
• Not paying collateral damages for errors or mismanagement in the provision of a service ordered through SINPE.

Management

   • Delay in attention to any request related to SINPE services.
   • Authorizations of debits not processed, not processed on time or processed incorrectly against a customer’s account.
   • Improperly rejecting an automatic debit authorization (ADA).
   • Failure to attend to claims related to SINPE services.
   • Failure to validate the identification document with the customer account (as indicated by SINPE regulations).
   • Failure to provide fund transfer services established as mandatory by the Payment System Regulations.
   • Problems in the provision of SINPE services on websites of the entities.

Digital Signature

   • Failure to serve a customer who has previously made an appointment for acquiring a certificate or digital signature device.
   • Failure to properly advise a customer in the processing and use of digital signature certificates.
   • Not providing digital signature support to customers.
   • Failure to comply with the services offered to the customer in relation to digital signatures.
   • Charging an amount greater than that reported to the BCCR and published on the BCCR website, for services related to digital signatures.

Guide for filing claims with the BCCR

To file a claim with the BCCR a form must be completed which contains all the information required for processing any of the types of claims mentioned previously.

In addition to the form, it is important to include all the documents that support the validity of the claim, such as: receipts, account statements, letters, e-mails or reports of the claim initially filed with the financial entity.

A claim may be filed the BCCR only when the customer has previously filed his or her claim with the entity that allegedly failed to comply with the legal framework in force at the time when the transaction was carried out through the SINPE, and it was not solved or the customer is not satisfied with the solution or response received.

Consequently, the customer can file the claim with the BCCR, as described on this page and within the deadlines stated, following the following procedure:

1. Complete the Claim Form and follow the following instructions:
   • In the form, you must choose the option that best suits your situation.
   • Fill in as many details as possible in the blanks.
   • Remember to complete all the required spaces; for those which are optional, respond to those that you consider will contribute to the resolution process.

2. After completing the form, you must save it on your computer.
3. Prepare all supporting documents (images, scanned documents) that will support your claim.
4. Prepare an e-mail to which you will attach the form and the supporting documents, and send it to the address: reclamaciones@bccr.fi.cr

After the BCCR receives your e-mail, you will receive an e-mail from the BCCR on the next business day. This e-mail will indicate if the claim has been admitted for processing. If it has been admitted, the e-mail will include the reference number for the case and the name of the BCCR official in charge of handling the procedure who will be assigned to coordinate everything related to the customer and the entity against which the claim was filed.

The claim will be resolved by the BCCR within a maximum of 30 business days after receipt of the request, for which reason it is necessary that requests for documentation or extensions be dealt with in a timely manner.

Form to be submitted when you consider that a process has not been properly executed.

​SINPE Service Claims