How to complain effectively

By THIS IS MONEY
Updated:

 

IF you've been treated badly by your bank, building society, mortgage lender or credit card company, you don't have to stand back and take it. There are places you can go to complain.

Your first port of call with any complaint in the financial services industry should always be the company. You should send your complaint in writing, alternatively you can complain in person or over the phone. But remember to keep a record of the date and time of the complaint as well as the name of who you spoke to. You should give the company a reasonable amount of time, typically 14 days, to respond to your complaint.

If you're still not happy after you get a response from the company and you want to take it further then you need to know where to direct your complaint. However, before you contact any of the regulatory bodies you should ensure that you have exhausted all avenues with the company you are complaining about - and you might want to let them know you intend to take your complaint further. The Ombudsman is a last resort. But the good news is that their services are free.

The Ombudsman or regulatory body will consider whether something has been badly or unfairly handled. Examples are unreasonable delay, neglect, inaction, inefficiency, failure to follow policy or proper procedures, unfair discrimination, discourtesy, inconsistency, mistakes of law and giving inaccurate information or advice.

If the complaint is upheld the Ombudsman will expect the organisation to provide a suitable remedy. Remedies may include an apology, publicity for the Ombudsman's decision, provision of the service desired, putting right what went wrong and financial compensation. In some schemes the decision is legally binding. In others it is not. Some schemes have financial limits so if your problem exceeds the limit your only remedy may be to go through the courts.

If you are thinking of using an Ombudsman you should contact their office for further, more detailed, information and advice on how to proceed. Here is a list of the relevant regulatory bodies:

Financial Ombudsman
Phone number: 0845 080 1800
All the major banking, building society, insurance, pensions, mortgages and investment Ombudsman have now been pulled together under this one-stop Ombudsman for all personal finance issues.

Financial Services Authority
Phone number: 0845 606 1234
The FSA is the one-stop-shop for inquiries from consumers covering most areas of personal finance and financial services, such as banking, investments, pensions and debts. But unlike the Financial Ombudsman the FSA usually won't take up personal cases on behalf of the public. As the City watchdog and regulator it monitors and investigates companies and company practice on a broader scale where they believe misconduct or a breach of its rules has occured.

The Consumer Helpline is open weekdays from 8am to 8pm, offering an automated publications request service and advisors ready to take your call. Out of hours the automated service is available 24 hours a day, seven days a week.

Estate Agents Ombudsman
Phone number: 01722 333 306
This voluntary scheme covers all estate agents in the UK. The Ombudsman can deal with most complaints from private individuals up to claims to the value of £25,000 which have not been dealt with in court. Actual and potential buyers or sellers of residential property in the UK are covered for complaints arising within 12 months of the event. Disputes over surveys and the letting of properties are excluded. To find out more and about how to complain visit the website.

• The Estate Agents Ombudsman will not form part of the new Financial Ombudsman.

Funeral Ombudsman
Phone number: 020 7430 1112
The scheme covers complaints against member funeral directors belonging to the Funeral Standards Council or the Funeral Planning Council. The scheme covers a substantial proportion of the UK funeral profession. The Ombudsman can award compensation of up to £50,000 in respect of funerals taking place after 3 April 1994. You can complete a complaints form online on the website.

• This Ombudsman will not form part of the new Financial Ombudsman.

Occupational Pensions Regulatory AuthorityPhone number: 01273 627600
While the Financial Ombudsman deals with complaints regarding personal pensions, Opra deals with complaints arising from any occupational or company-run scheme (including stakeholder). The website has details of how to complain as well as other useful information.

• This Ombudsman will not form part of the new Financial Ombudsman.

The Adjudicator
Phone number: 020 7930 2292
This body investigates complaints from people and businesses about how the Inland Revenue (including the Valuation Office Agency), Customs and Excise and the Contributions Agency of the Department of Social Security have handled their affairs. The Adjudicator does not look at issues of law or of tax liability, because there are tribunals that resolve these problems. It looks into excessive delay, mistakes, discourtesy of staff, and the use of discretion.

There are a range of other Ombudsmen dealing with areas like local government, the health service, police, prisons and broadcasting. These are not covered here but for details of these schemes contact the British and Irish Ombudsman Association.

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