Global Debt Recovery

 

Policy name:  Complaints policy                                                                          version number: 2.0

Effective Date: October 27, 2016

Last Revised Date:  February 14, 2018

Procedure

 

 

Global Debt Recovery views complaints as a chance to put things right for the person that has made the complaint, as well as an opportunity to learn and improve for the future.

 

The aim of this policy is:

 

 

 

A complaint is any expression of dissatisfaction, whether justified or not, about any aspect of Global Debt Recovery, or our clients.

 

 

This policy applies to all customers who wish to make a complaint.  It is:

 

 

The benefits of having a robust complaints policy in place include:

 

A failure to clarify, review and maintain our complaints policy may result in the following:

 

DISP Handbook

 

1.3.2 These procedures should

(1) Allow complaints to be made by any reasonable means; and

(2) Recognise complaints as requiring resolution

 

1.3.2A These procedures should, taking into account the nature, scale and complexity of the respondent's business, ensure that lessons learned as a result of determinations by the Ombudsman are effectively applied in future complaint handling, for example by:

(1) 

Relaying a determination by the Ombudsman to the individuals in the respondent who handled the complaint and using it in their training and development;

(2) 

analysing any patterns in determinations by the Ombudsman concerning complaints received by the respondent and using this in training and development of the individuals dealing with complaints in the respondent; and

(3) 

Analysing guidance produced by the FCA , other relevant regulators and the Financial Ombudsman Service and communicating it to the individuals dealing with complaints in the respondent.

 

1.3.3 In respect of complaints that do not relate to MiFID business, a respondent must put in place appropriate management controls and take reasonable steps to ensure that in handling complaints it identifies and remedies any recurring or systemic problems, for example, by:

(1) 

Analysing the causes of individual complaints so as to identify root causes common to types of complaint;

(2) 

Considering whether such root causes may also affect other processes or products, including those not directly complained of; and

(3) 

Correcting, where reasonable to do so, such root causes

1.3.4 In respect of complaints that relate to MiFID business, a firm should put in place appropriate management controls and take reasonable steps, in the same way as for complaints that do not relate to MiFID business (see DISP 1.3.3 R and DISP 1.3.3B G), in order to detect and minimise any risk of compliance failures (SYSC 6.1) and to comply with Principle 6 (Customers' interests).

 

1.3.6 Where a firm identifies (from its complaints or otherwise) recurring or systemic problems in its provision of, or failure to provide, a financial service, it should (in accordance with Principle 6 (Customers' interests) and to the extent that it applies) consider whether it ought to act with regard to the position of customers who may have suffered detriment from, or been potentially disadvantaged by, such problems but who have not complained and, if so, take appropriate and proportionate measures to ensure that those customers are given appropriate redress or a proper opportunity to obtain it. In particular, the firm should:

(1) 

ascertain the scope and severity of the consumer detriment that might have arisen; and

(2) 

consider whether it is fair and reasonable for the firm to undertake proactively a redress or remediation exercise, which may include contacting customers who have not complained.

 

1.3.7 (1) A firm must appoint an individual at the firm, to have responsibility for oversight of the firm’s compliance with DISP 1.

 

1.3.8 Firms are not required to notify the name of the individuals to the FCA or FOS but would be expected to do so promptly on request.  There is no bar on a firm appointing different individuals to have the responsibility at different times where this is to accommodate part-time or flexible working.

 

1.4.1 Once a complaint has been received by a respondent, it must:

(1) 

investigate the complaint competently, diligently and impartially, obtaining additional information as necessary;

(2) 

  assess fairly, consistently and promptly:

(a) 

the subject matter of the complaint;

(b) 

whether the complaint should be upheld;

(c) 

what remedial action or redress (or both) may be appropriate;

(d) 

if appropriate, whether it has reasonable grounds to be satisfied that another respondent may be solely or jointly responsible for the matter alleged in the complaint;

taking into account all relevant factors;

(3) 

offer redress or remedial action when it decides this is appropriate;

(4) 

explain to the complainant promptly and, in a way that is fair, clear and not misleading, its assessment of the complaint, its decision on it, and any offer of remedial action or redress; and

(5) 

comply promptly with any offer of remedial action or redress accepted by the complainant.

1.4.2 Factors that may be relevant in the assessment of a complaint under DISP 1.4.1R (2)include the following:

(1) 

all the evidence available and the particular circumstances of the complaint;

(2) 

similarities with other complaints received by the respondent;

(3) 

relevant guidance published by the FCA , other relevant regulators, the Financial Ombudsman Service or former schemes; and

(4) 

appropriate analysis of decisions by the Financial Ombudsman Service concerning similar complaints received by the respondent (procedures for which are described in DISP 1.3.2A G).

1.4.3 The respondent should aim to resolve complaints at the earliest possible opportunity, minimising the number of unresolved complaints which need to be referred to the Financial Ombudsman Service.

 

1.4.4 Where a complaint against a respondent is referred to the Financial Ombudsman Service, the respondent must cooperate fully with the Financial Ombudsman Service and comply promptly with any settlements or awards made by it.

 

1.5.2 A complaint is resolved where the complainant has indicated acceptance of a response from the respondent, with neither the response nor acceptance having to be in writing.

 

1.5.4 Where the respondent considers a complaint to be resolved under this section, the respondent must promptly send the complainant a ‘summary resolution communication’, being a written communication from the respondent which:

(1) 

refers to the fact that the complainant has made a complaint and informs the complainant that the respondent now considers the complaint to have been resolved;

(2) 

tells the complainant that if he subsequently decides that he is dissatisfied with the resolution of the complaint he may be able to refer the complaint to the Financial Ombudsman Service;

(3) 

indicates whether or not the respondent consents to waive the relevant time limits in DISP 2.8.2R or DISP 2.8.7R (Was the complaint referred to the Financial Ombudsman Service in time?) by including the appropriate wording set out in DISP 1 Annex 3R;

(4) 

provides the website address of the Financial Ombudsman Service; and

(5) 

refers to the availability of further information on the website of the Financial Ombudsman Service.

 

1.5.5 The information regarding the Financial Ombudsman Service required to be provided in a summary resolution communication should be set out clearly, comprehensibly, in an easily accessible way and prominently, within the text of those responses.

1.5.6 In addition to sending a complainant a summary resolution communication, a respondent may also use other methods to communicate the information referred to in DISP 1.5.4R(1)to (5) where–

(1) 

the respondent considers that doing so may better meet the complainant’s needs; or

(2) 

the complainant and respondent have already been using another method to communicate about the complaint.

1.5.7 An example of DISP 1.5.6G(1) may be where a respondent is aware that a complainant is visually impaired. An example of DISP 1.5.6G(2) may be where a respondent has been communicating with a complainant about a complaint by telephone.

1.6.1 On receipt of a complaint, a respondent must:

(1) 

send the complainant a prompt written acknowledgement providing early reassurance that it has received the complaint and is dealing with it; and

(2) 

ensure the complainant is kept informed thereafter of the progress of the measures being taken for the complaint's resolution.

 

1.6.2 The respondent must, by the end of eight weeks after its receipt of the complaint, send the complainant:

(1) 

a 'final response', being a written response from the respondent which:

(a) 

accepts the complaint and, where appropriate, offers redress or remedial action; or

(b) 

offers redress or remedial action without accepting the complaint; or

(c) 

rejects the complaint and gives reasons for doing so;

and which:

(d) 

encloses a copy of the Financial Ombudsman Service's standard explanatory leaflet; 

provides the website address of the Financial Ombudsman Service;

(e) 

informs the complainant that if he remains dissatisfied with the respondent's response, he may now refer his complaint to the Financial Ombudsman Service; and

(f) 

indicates whether or not the respondent consents to waive the relevant time limits in DISP 2.8.2 R or DISP 2.8.7 R (Was the complaint referred to the Financial Ombudsman Service in time?) by including the appropriate wording set out in DISP 1 Annex 3R; or

(2) 

a written response which: 

explains why it is not in a position to make a final response and indicates when it expects to be able to provide one;

(b) 

informs the complainant that he may now refer the complaint to the Financial Ombudsman Service: indicates whether or not the respondent consents to waive the relevant time limits in DISP 2.8.2 R or DISP 2.8.7 R (Was the complaint referred to the Financial Ombudsman Service in time?) if it becomes apparent that the complaint has been made or is referred outside those time limits;

(c) 

encloses a copy of the Financial Ombudsman Service standard explanatory leaflet; and

(d) 

provides the website address of the Financial Ombudsman Service.

 

 

We want to give our customers the best possible service.  We also know that sometimes we get it wrong.  When that happens we want to know about it, put it right and learn from it.