Libro de Reclamaciones Explained: How to File a Complaint Against a Peruvian Lender
Peruvian consumer-protection law requires nearly every business that sells to consumers — including licensed banks and fintech lenders — to maintain a Libro de Reclamaciones, a formal complaints book. It is a mechanism enforced under the framework overseen by Indecopi, Peru's general consumer-protection authority, and it exists specifically so a consumer can put a dispute on the official record with the business itself as a first step.
Because most of Peru's fast-loan sector operates entirely online, the physical complaints book most people picture has a digital counterpart: a Libro de Reclamaciones Virtual, typically accessible from the lender's website or app. A legitimate online lender operating in Peru should offer this virtual version somewhere in its digital presence, since the legal obligation to provide one does not disappear just because the business has no physical branch.
Filing a complaint here does not itself force a resolution — it creates an official, time-stamped record of the issue. A useful entry states the specific date of the problem, the exact amount involved, the product or service affected, and the outcome the consumer is requesting (a fee refund, a correction to a repayment schedule, and so on). That record becomes the evidence base if the dispute later needs to be escalated.
It is worth distinguishing the Libro de Reclamaciones route from the SBS's own complaint channel (its Plataforma de Atención al Usuario), covered in more detail in this site's guide to SBS regulation. The SBS channel applies specifically to entities under its direct supervision; some fintech lending structures fall outside that direct perimeter depending on how they are licensed, in which case Indecopi and the Libro de Reclamaciones may be the more directly applicable route for a formal complaint.
Practically, a Peruvian borrower — or a foreign resident unfamiliar with the system — should keep a screenshot or copy of the filed complaint, including its folio (reference) number, since that is the proof that the direct-resolution step was exhausted before escalating further. This right applies to every registered Peruvian lender regardless of its size or how new it is to the market.
A practical tip for borrowers: if you encounter issues with a loan and decide to file a complaint, ensure that your record-keeping includes not only the complaint itself but also any communications or responses from the lender. This documentation can be crucial when escalating the issue to Indecopi or SBS.
Common mistakes to avoid include failing to provide specific details in your complaint or submitting it without a clear request for resolution. Be as precise and detailed as possible, as this will enhance your chances of a favorable outcome. Additionally, ensure that you review the lender's terms and conditions, which often outline how complaints should be filed.
In edge cases where a complaint cannot be resolved through the Libro de Reclamaciones or the virtual counterpart, borrowers may need to escalate their case to Indecopi. This process can take several months and involves a formal investigation by Indecopi’s consumer protection team. It is advisable to keep detailed records of all communications during this phase.
It's also worth noting that while SBS oversees certain fintech lenders, its primary focus is on traditional financial institutions like banks. Therefore, for many fintech lending platforms, the Libro de Reclamaciones and Indecopi become the key points of contact for resolving disputes. This dual system ensures a comprehensive approach to consumer protection in Peru's evolving digital finance landscape.
A borrower who has exhausted their options through the Libro de Reclamaciones and SBS channels may also consider seeking assistance from local community organizations or legal aid groups that specialize in consumer rights. These groups can provide guidance, support, and sometimes even intervene on behalf of the consumer during formal complaints processes.
INFOCORP plays a crucial role in Peru's credit reporting system by collecting and managing data on consumer credit behavior. When you file a complaint through the Libro de Reclamaciones, it is advisable to check your INFOCORP report for any inaccuracies or discrepancies that may affect your credit score. This can help ensure a more transparent resolution process.
When dealing with fintech lenders that operate outside of SBS's direct oversight, borrowers should be aware that these entities often have their own internal complaint mechanisms in place. While the Libro de Reclamaciones is still an important first step, understanding and using any additional internal resources can sometimes expedite a resolution.
In cases where a borrower has multiple complaints or repeated issues with a lender, it may be beneficial to compile all relevant documentation into a comprehensive file before escalating the issue to Indecopi. This includes previous complaint records, communications, and any legal advice received. Such a thorough approach can strengthen your case during formal investigations.