Credit Ombudsman
Credit Ombudsman
Decree-Law n.º 144/2009, of 17 june
In Portugal, the Decree-Law n.º 144/2009, of 17 June, introduced into the legal system the figure of the Credit Ombudsman. The Credit Ombudsman’s mission is to safeguard and promote the rights, guarantees, and legitimate interests of any persons or entities involved in credit relationships, as well as to contribute to improving access to credit within the financial system.
Through mediation, the aim is to foster communication between the parties—banking customer and credit institution—so that they may reach an agreement, thus overcoming impasses or misunderstandings in the credit relationship.
The Credit Ombudsman is also responsible for promoting financial literacy in matters related to credit, and, to this end, must raise awareness of citizens’ rights and duties in this area, as well as provide any clarifications and information requested.
Following the publication of the aforementioned diploma, João José Amaral Tomaz was appointed as the first Credit Ombudsman by the Resolution of the Council of Ministers n.º 15-A/2009, of 15 july, having held this position from August 1, 2009, to September 13, 2011.
On January 12, 2012, by Resolution of the Council of Ministers n.º 5/2012, Maria Clara Domingues Machado was appointed Credit Ombudsman, having commenced duties on February 1, 2012. On May 22, 2014, by Resolution of Council of Ministers n.º 19/2014, Maria Clara Domingues Machado was reappointed to the position, with effect from February 2, 2014, and served until April 23, 2024.
On June 14, 2024, by Resolution of the Council of Ministers n.º 73/2024, Ana Margarida Machado de Almeida was appointed Credit Ombudsman, having commenced duties on June 15, 2024.
The Credit Ombudsman is assisted by a Council, which, operating under their coordination, is responsible for managing the day-to-day activities, including providing clarifications and information requested by any persons or entities, and implementing mediation procedures.
On August 28, 2009, through Dispatch n.º 19729, Luís Fernando de Carvalho Vitório was appointed as a member of the Council assisting the Credit Ombudsman, a position he held until June 23, 2011.
Dispatch n.º 19730/2009, of 28 august.
On the same date, by Dispatch n.º 19730, Maria Leonor Saldanha Pereira Carreira da Cunha Torres was also appointed as a member of the Council, which was held between September 1, 2009, and December 31, 2024.
By Dispatch n.º 4248/2012, on March 23, César Bento Nunes de Brito was appointed as a member of the Council, serving from March 15, 2012, to August 4, 2014.
Dispatch n.º 6717/2024, of 17 june
On June 17, 2024, through Dispatch n.º 6717, João Miguel André Monteiro Coelho was appointed as a member of the Council, beginning his duties on June 18, 2024.
The Credit Ombudsman operates within the Banco de Portugal but has its own distinct mission and competences, separate from those of the institution, enjoying impartiality and independence in the performance of its duties.