Complaints

Complaints Procedure

From time to time we may receive complaints from our customers. 

As a firm we are committed to ensuring that we have effective and transparent procedures for the reasonable and prompt handling of complaints.  We are also committed to ensuring that complaints are properly investigated and that all complaints are resolved appropriately.  Handling complaints will not only improve the customer’s experience but can contribute to the success of our business.  Identify1ing complaints and understanding the underlying causes can also provide our business with valuable information to improve products and the service provided to customers.

We recognise that complaints can be made using a variety of mediums such as in writing or orally and our procedures cater for this.

This Procedure therefore documents our firm’s approach to handling complaints to ensure they are identified and handled in accordance with the FCA’s rules.

This Procedure is intended to ensure we meet our regulatory obligations.  The main sources for complaints handling rules are as follows and should be referred to when questions arise as to how to ensure compliance with the applicable regulations:

The FCA Handbook – DISP: https://www.handbook.fca.org.uk/handbook/DISP/.

The Procedure is available to all members of staff; not simply those with complaint handling responsibility as other members of staff should still be able to identify a complaint and be aware of their responsibilities in the event they become aware of one.  If you deal directly with customers (e.g. on sales, mid-term adjustments) then this is especially important.

In this procedure the terms “we” or “our” refer to our firm and “you” or “your” refers to you as one of our employees.

All staff are expected to be familiar with and comply with this Procedure.  Failure to do so may lead to disciplinary action.

Section One – The Complaints Manager

The Complaints Manager is Jon Hudd.  In his absence complaints issues will be addressed by Toby Jones

The Complaints Manager is responsible for ensuring that complaints are dealt with in accordance with all relevant regulatory rules and the terms of our binding authorities and that all decisions reached represent appropriate customer outcomes. 

The Complaints Manager ensures that Leasing Plus Ltd reports on complaints that have been received and how they have been resolved.  The Complaints Manager is also responsible for overseeing the day to day compliance with this Procedure. 

The Complaints Manager has the appropriate level of seniority within the firm, understands the relevant legislation and regulations and has the full support of the company and senior management in carrying out their responsibilities.  Specific authorities include:

         ·         Establishing, maintaining and monitoring our firm’s complaints procedures (subject to relevant laws, Leasing Plus’s requirements and the terms of our binding authorities).

·     Ensuring complaints are identified and investigated fairly and promptly and that appropriate responses are provided to complainants (that provide the relevant escalation to the Financial Ombudsman Service)

·         Establishing where appropriate the correct level of redress

·         Liaising with the directors on complaints issues

·         Establishing and maintaining training for our staff

·         Reporting to the Directors on all complaints matters

·         Conducting periodic reviews of our firm’s compliance with relevant legislation and provisions and with the terms of this Procedure

·         Ensuring that all complaints are recorded in a register that we maintain and which is available for inspection if required.

If you have any queries or concerns regarding any complaints issue (such as whether an issue is a “complaint”) you should contact the Complaints Manager immediately

 Section 2 – Definitions

It is important that you understand some of the key words that are relevant to handling complaints.   You need to know what a “complaint” is and who is an “eligible complainant.” This is important so you know how to recognise a complaint in order that it can be actioned. 

What is a complaint?

The FCA’s definition of a complaint is: “any oral or written expression of dissatisfaction, whether justified or not, from, or on behalf of, a person about the provision of, or failure to provide, a financial service, that:

 (1) alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience and

 (2) relates to an activity of that respondent, or of any other respondent with whom that respondent has some connection in marketing or providing financial services or products, which comes under the jurisdiction of the Financial Ombudsman Service.

 In short, a complaint is any expression of dissatisfaction whether justified or not and can be made in writing (e.g. by letter, email or via our website) or orally (e.g. over the phone or in a meeting). Even where a complaint may relate to our service, it is still a complaint which should follow the Leasing Plus complaint handling process.

 The full definition of what is a complaint can be found in the Glossary to the FCA Handbook.

Who can make a complaint?

Anyone can make a complaint and as a firm we are committed to making sure all complaints are identified and resolved. 

But the FCA has also defined which customers’ complaints are eligible for the purposes of its complaint handling rules.  Such customers are referred to as “eligible complainants” which encompasses:

Individuals acting for purposes outside of their trade, business or profession.

b)    Micro-enterprises which are smaller businesses with less than 10 employees and an annual turnover of less than €2 million.

c)    Charities with an annual income of less than £1 million at the time the complaint is made.

d)    Trustees with a net asset value of less than £1 million at the time the complaint is made.

e)  Professional clients and eligible counterparties, where the person is an individual acting for purposes outside his trade, business, craft or profession.

What is Redress?

If a complaint from an eligible complainant has been received it will be investigated and where appropriate redress may be offered to resolve the matter.

The FCA’s definition of ‘Redress’ is:

 “redress should be interpreted to include an amount paid, or cost borne, by the firm, where a cash value can be readily identified, and should include:

 

(a) amounts paid for distress and inconvenience;

(b) a free transfer out to another provider which transfer would normally be paid for;

(c) goodwill payments and goodwill gestures;

(d) interest on delayed settlements;

(e) waiver of an excess on an insurance policy; and

(f) payments to put the consumer back into the position the consumer should have been in had the act or omission not occurred.”