Frequently Asked Questions - 2. Complaint types

FDRS will not consider a complaint if:

  • The complaint has been made to a court or the Dispute Tribunal, or is currently being considered as part of a formal court process.
  • The complaint involves the same, or substantially the same, issues as a complaint that has been previously made to FDRS (unless there is new information).
  • A reasonable settlement offer has already been offered to the consumer by the scheme member.
  • The complaint is considered by FDRS to be frivolous or vexatious.
  • The event being complained about occurred prior to a scheme member’s date of joining the FDRS.
  • Complaints about general commercial decisions of a scheme member, such as an interest rate or a credit decision.

Generally we cannot consider disputes about the quantum of fees and interest rates as these are  matters of commercial policy. However we may make a ruling where we consider fees and interest are unreasonable, oppresive or irresponsible in the context of the issue, or if they have been incorectly disclosed.

The Credit Contracts and Consumer Credit Amendment Act  2014 which includes the Responsible Lending Code stands precedent over commercial policy

FDRS may consider the complaint if it believes a scheme member has applied an incorrect fee or interest rate in error or in breach of a contract .

Generally no. FDRS rules do not apply to a scheme member’s judgement in relation to lending or security, unless it deems them unreasonable or irresponsible. FDRS cannot make a scheme member provide services or advice. However, if you think you have been given the wrong advice about a financial product or service, FDRS may be able to help you.

Yes.

Any complaint made to FDRS must be about an issue or action that took place after a financial service provider joined FDRS, or another scheme (sometimes a provider will move schemes).

A consumer must bring a complaint to FDRS within three months of getting either a decision notice or deadlock notice from their financial servce provider (scheme member)

The complaint must be made to FDRS within two years from when the complaint was first raised with the scheme member

A complaint is not covered by FDRS if it involves events that occurred more than 6 years before the complainant made the complaint to the member

Yes. This form is available to make a complaint about FDRS. FDRS is governed by an Advisory Body, and is bound by law to pass on all complaints about its service and conduct to the Advisory Body. The Advisory Body reviews all complaints, and will make contact with the consumer directly after receiving the complaint.

FDRS can consider disputes about a person’s credit rating. It can investigate whether the information is correct, and if the financial services provider who provided the information complied with the relevant laws.