Although receiving complaints is always disappointing, KIS Finance recognises that they provide valuable MI, helping it to improve its processes and to ensure it treats its customers fairly. This Policy assists the Company in handling complaints positively, in a timely manner and in a way that benefits both its business and its customers.
The handling of complaints is governed by the FCA Dispute Resolution Rulebook (DISP). The detailed procedures of KIS Finance for compliance with this Rulebook is as shown below.
A complaint is any expression of dissatisfaction, regardless of how it is expressed and whether justified or not, that alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience.
Rather than attempt to ascertain whether material distress or inconvenience is being alleged (as opposed to non-material distress or inconvenience), KIS Finance treats all complaints received in accordance with the procedures contained in this Policy.
KIS Finance will attempt to settle the complaint as quickly and fairly as possible. If it manages to resolve the complaint to the customer's satisfaction within three business days, then the Company will send a written (via email or letter) communication to the customer confirming that the complaint has been resolved, that the customer may go to the Ombudsman (whose contact details will be provided in the confirmation) if still not satisfied and will state whether KIS Finance has chosen to waive any relevant time limits (see 'time-barred complaints' below).
If it is unable to settle the complaint within three working days, then an acknowledgement will be sent to the customer, together with a copy of the KIS Finance complaints procedures leaflet. This will be sent promptly, but in any event within 5 working days of receipt of the complaint.
The Compliance Officer will take responsibility for investigating the complaint and will do so using all the information at their disposal, ensuring the investigation is competent, diligent and impartial.
If the Compliance Officer believes the complaint is justified, bearing in mind all the information they have available (which may include other, similar, complaints), they will uphold the complaint, offering appropriate redress where suitable. If an offer of redress is made, a form will be included for the customer to sign and return to accept the offer.
If the Compliance Officer believes the complaint is not justified, they will reject the complaint.
In either case, they will send a final response letter, detailing the outcome of their investigation and proposals for settling it (if upheld), plus the contact details of the Financial Ombudsman Service to whom the customer may refer their complaint if they are not satisfied with the response. The final response will include a copy of the Financial Ombudsman Service explanatory leaflet and will inform the customer that they have six months to go to the Ombudsman with their complaint, should they wish to do so.
The Compliance Officer has a total of 8 weeks from receiving the complaint in which to conduct their investigation and send a final response to the customer. If they fail to complete their investigation within 4 weeks, as a courtesy to the customer, they will send a holding letter. If they fail to complete the investigation within 8 weeks, they will tell the customer and let them know that they have the automatic right to refer their complaint to the Ombudsman.
If it appears to the Compliance Officer that the complaint is not about the conduct of KIS Finance but about a third party (e.g. the relevant lender), then they will forward the complaint to that third party and tell the customer that they have done so. KIS Finance’s responsibility in respect of the complaint finishes at the point it is forwarded.
A complaint is time-barred if it is received by KIS Finance more than:
(a) six years after the event complained of; or (if later)
(b) three years from the date on which the complainant became aware (or ought reasonably to have become aware) that they had cause for complaint.
If the complaint is time-barred, then the Compliance Officer will usually not investigate it and will tell the customer they are rejecting it because it is outside of the Ombudsman's jurisdiction due to time-barring. The Compliance Officer will include an explanation that the complaint has not been investigated, but that the Ombudsman may decide to waive time-bars in exceptional circumstances.
KIS Finance is able to waive these time limits if it wishes. This will be decided on a case by case basis by the Compliance Officer. The customer will be notified in the final response to a time-barred complaint as to whether or not KIS Finance will waive the time limit for referral of the complaint to the Ombudsman.
The Ombudsman may not consider a time-barred complaint, or a complaint referred to it more than 6 months after KIS Finance sends the customer the final response unless the circumstances giving rise to the delay on the part of the customer are exceptional.
All complaints are recorded in the Complaints Register, even if they are settled within three business days. The Register contains sufficient information to establish whether time limits are met, what the complaint matter was, whether the complaint was upheld and how and when it was resolved. Complaints referred to FOS, together with the FOS outcome, are recorded by additional notes to the Register.
Complaints handling is reported by the Compliance Officer as part of their TCF MI. A root cause analysis is undertaken, which takes into account any similar complaints, with corrective action proposed and taken as necessary to prevent future complaints of a similar nature. Where the complaint illustrates a fault in Company’s systems and controls, these will be amended as required. This includes retraining of staff if lack of competence is shown to be the root cause. In extreme cases, for example where the complaint shows the customer was deliberately misled by the member of staff, then disciplinary action may ensue.
KIS Finance is also required to make a periodic report every six month of all complaints received, whether settled within three business days or not, to the FCA via GABRIEL.
This procedure addresses how KIS Finance deals with complaints from data subjects.
All staff are responsible for ensuring any complaints made in relation to the scope of this procedure are reported to the nominated person Holly Andrews. (Data Protection Officer).
The DPO is responsible for dealing with all complaints in line with this procedure.
The contact details of the person responsible as stated in Section 2 (Holly Andrews) is published on the company’s website, clearly under the ‘Contact us’ section – firstname.lastname@example.org
A data subject can also use this section of the website to lodge a complaint. KIS Finance’s Privacy Notice is also available in this section of the website.
Data subjects are able to complain to KIS Finance about:
All staff will ensure that any complaints received by data subjects will be passed to the DPO immediately for resolution.
Complaints are to be resolved within 30 days.
If the Company fails to act on a data subject’s access request within 30 days, or refuse the request, they will set out in clear and plain language the reasons they took no action/refusal. KIS Finance will inform the data subject(s) of their right to complain directly to the supervisory authority. In doing so, the Company will provide the data subject(s) with the contact details of the supervisory authority and inform them of their right to seek a judicial remedy.
KIS Finance will acknowledge receipt of your complaint and send an initial response within 3 working days.
Last updated: 01 May 2019 | © KIS Finance 2018 |