Dispute Resolution Process

1.

The consumer telephones the office of the Ombudsman and speaks to one of the complaints staff.

In most cases the consumer will be telephoning to clarify (a) if the particular issue falls within the ambit of the FCDRS Ombudsman and (b) if the specific action on the part of the credit union/building society vis-à-vis the consumer is one that we will accept as a formal complaint.

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2.

The consumer's enquiries regarding the ambit of the Scheme and the normalcy of the credit union/building society action (with regard to the specific dispute) will be answered.

If the consumer is only interested in lodging a formal complaint the complaints officer will establish:

If the financial institution is a member of the FCDRS
Is the specific complaint one that is covered by the Scheme and
Has the consumer given the credit union/building society the opportunity to resolve the complaint?

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3.

If the consumer advises they have not yet attempted to contact someone in authority at the financial institution they will be given the name and contact detail of the internal dispute resolution person. It is important that someone with authority has the opportunity to sort out the grievance. In many cases consumers will have complained to some one over the counter or on the telephone who simply is neither senior nor well-informed enough to satisfy the consumer's concerns.

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4.

If the consumer satisfies the criteria in 2 then the Ombudsman's staff will advise them to obtain a dispute form. The form can be emailed, faxed or posted to the consumer, or alternatively can be downloaded from the FCDRS website. The credit union or building society will also be able to provide the consumer with a complaint form if this is easier for them.

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5.

If the consumer has language difficulties because English is their second language then the Ombudsman's office will be able to assist them in finding an interpreter and relevant financial information in their own language.

If the complaint is from a consumer with a physical or intellectual disability that may make it difficult to complete the dispute form the Ombudsman's office will be happy to refer them to an agency which can offer additional assistance. This happens reasonably often, particularly with very elderly people who may have no family support network.

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6.

Within three working days of the written complaint being received at the Ombudsman's office, a letter will be forwarded via email or post to the consumer acknowledging receipt of the letter.

It will also be explained to the consumer that in lodging the dispute they have provided the Ombudsman or her staff with the authority to discuss the dispute with their financial service provider. Because of this they should exercise common sense in not using abusive or provocative language.

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7.

Within six working days the consumer will receive a telephone call from a complaints officer who will explain the procedure to be followed by the Ombudsman, the timelines, privacy issues, and seek clarification of any details where necessary.

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8.

Within six working days the consumer's financial institution will be posted/emailed details of the dispute with a request for comment and/or additional information.

In some cases, a phone call to the credit union/building society may short circuit the process but consumers generally cannot expect to have their dispute resolved in less than four weeks. In unusual circumstances it may take considerably longer than this but the consumer will be kept fully informed throughout and the reasons for the delay will be explained.

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9.

It is unusual for the Ombudsman to issue a determination as most disputes are not clear cut in terms of either the financial institution or the consumer being completely in the right or wrong. The financial institution may in fact have done everything required of it by law and yet still decide to make an ex gratia payment.

Such outcomes are the result of mediation by the Ombudsman's office and usually acceptable to both parties.

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10.

It is possible that in spite of the efforts of the Ombudsman and her staff that a consumer or financial institution may be unhappy with the process used to consider a dispute. In those circumstances, a complaint may be lodged with the Ombudsman (if the issue relates to one of her staff) or with the Financial Co-operative Dispute Resolution Scheme Council if the complaint is against the Ombudsman. Refer to the Council Chair's contact details on the website for further information in this regard.

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