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How to resolve your dispute

 

JVIB take pride in all that they do but most of all, in looking after you. If you are unable to resolve a dispute with JVIB, we will provide you with a form to forward to The Financial Ombudsman Service (FOS).

FOS is an independent organisation offering a free and accessible dispute resolution service to the customers of financial services providers across Australia. They offer the option of resolving your disputes quickly and efficiently, without the costs and time involved in going to court.

Their service is free to consumers.

Resolving your dispute – 3 steps:

  1. Lodge your dispute
  2. Financial Services Provider (FSP) response.
  3. Negotiation/Conciliation/Assessment/Decision making.

 

1. Lodge your dispute
A. Contact your FSP B. Allow time for FSP response C. Lodge your dispute with FOS

Step A – Contact your FSP
If you have a problem with a financial product or service, the first thing you should do is raise the matter with your FSP. Contact details for all FSP members are available on the FOS website.

It is a good idea to put your dispute in writing, explaining what you’re not happy with and asking if the FSP can resolve it. Make a note of the date you do this.

If you choose to lodge your dispute with the FOS before contacting your FSP, or while you are waiting for your FSP to respond to you, they will contact the FSP and send them the details of your concerns. The FSP should then respond to you directly.

You can register your dispute with the FOS by completing their dispute form online. Alternatively you can call, write, email or fax the FOS office. Their full contact details are listed at the end of this document.

Step B – Allow time for FSP response
An FSP may have up to 45 days to respond. The response period is 21 days for credit-related disputes involving default notices or requests to postpone enforcement proceedings or to vary credit contracts because of financial hardship.

If legal proceedings relating to debt recovery are on foot when a dispute is lodged, the FSP is not given an initial response period. In this situation, a streamlined dispute resolution process is used (see the FOS Operational Guidelines on their website for more information).

Many disputes are resolved during the FSP response period. If the response period has expired and you haven’t heard back from your FSP, or you have received a response from your FSP that has not resolved your concerns, then you need to contact FOS and ask them to help resolve your dispute.

Step C – Lodge your dispute
Have you complained to your FSP directly?
If you have been dealing directly with your FSP and have not previously lodged your dispute with FOS, then you need to lodge your dispute with FOS by completing their dispute form. This dispute form is available online at www.fos.org.au/disputes or by calling them on 1300 780 808.

When you complete the dispute form, it will ask you to include documents and information. It’s a good idea to send them all the relevant documents and other information you have so that they can clearly see what has happened. This might include information like account statements, financial plans, insurance documents, or correspondence you have received from your FSP.

Once you lodge a dispute with FOS they check that your dispute comes within their Terms of Reference. You can find their Terms of Reference at www.fos.org.au/tor . If your dispute does come within their Terms of Reference, then they will send all the dispute details to the FSP.

Have you already lodged your dispute with FOS?
If you have already lodged your dispute with the FOS at Step A and your dispute hasn’t been resolved, then contact them quoting your case number and telling them you want their help to resolve your dispute. You can write to them or call them on 1300 780 808.

 

2. FSP Response
What must your FSP do once you ask FOS to help resolve your dispute?

The FSP has 21 days to either:

  • Contact you again and resolve the dispute directly with you, or
  • Provide FOS with a response to your dispute and provide FOS with all relevant information and documents.

 

If the FSP resolves the dispute with you directly within these 21 days, then the FOS will confirm the resolution with you and the FSP and close their file.

If your dispute is not resolved, see Step 3.

3. What if the dispute is not resolved?
If your dispute is not resolved after the FSP response, the FOS will review your dispute. This means that they will consider the circumstances of your dispute and use the most appropriate dispute resolution method to help resolve your problem. These methods include:

  • Negotiation – means the FOS talk to you and your FSP to see if they can negotiate an agreement that both of you will be happy with.
  • Conciliation – is where the FOS use one of their trained conciliators to talk to you and your FSP (usually by telephone) about the dispute, listening to the perspectives of both parties and helping you both understand each other’s perspective. Then the conciliator will help you both to come up with possible ways to resolve the dispute that you and your FSP agree to. You can find out more at http://www.fos.org.au/conciliation.
  • Assessment – is where the FOS form an initial view on the merits of the dispute. If they think providing an initial view will help resolve the dispute, they will let both parties know. If it’s not appropriate to make that assessment, the FOS may progress the dispute to decision-making.
  • Decision-making – is where the FOS investigate the dispute in further detail and make a “Recommendation” or “Determination”. During this process they will be in contact with you so you know what’s happening and what, if any, further information you’ll need to give them.

 

For disputes involving financial hardship the FOS follow a streamlined process and the method they use to help resolve the dispute is usually a conciliation conference conducted by telephone.

Recommendations and Determinations
What is a Recommendation?
If your dispute cannot be resolved by negotiation or conciliation, then the FOS look at making a Recommendation. A Recommendation is when they consider all the facts and information of the dispute and the FOS make a decision based on the merits of the dispute and how they think it should be resolved.

A Recommendation is not binding. You or your FSP may reject a Recommendation. However, once a Recommendation is accepted by both parties it then becomes binding and the FOS will close their file.

  • What if the Recommendation is rejected?


If you or your FSP reject the Recommendation, then you or the FSP will need to tell the FOS why. For instance, you or the FSP may have new information that you think might change the decision. Once you or your FSP reject the Recommendation, then it is referred to an Ombudsman or a Panel (comprising an industry and consumer representative and an Ombudsman) for a Determination.

  • What is a Determination?


A Determination is a more formal decision about the merits of the dispute. A Determination is binding on the FSP if you accept it. This means that your FSP is obliged to comply with the decision. If your dispute has been upheld, this might mean the FSP has to compensate you appropriately or remedy the problem in some way.

  • What if the Determination is rejected?


If you reject the Determination the FOS cannot consider your dispute further so they will close their file.

You are free to pursue your dispute in another forum; however, the FOS cannot assist you with this.

 

Other Information
Privacy
The FOS treat all disputes as confidential between you, the FSP and their office.

Find out more about how they protect your privacy at http://www.fos.org.au/privacy .

Legal advice
There is no need to obtain legal advice about your dispute but you may do so if you want to.

If you do want legal advice, you will need to arrange that yourself and know that you will usually have to pay your own legal costs.

The FOS are unable to provide you with legal advice.

Assistance
If you need any assistance with filling out forms, if you need a translator because English is not your first language, or if you have any other special needs, please call the FOS on 1300 780 808.

Contact Information
We recommend you visit the FOS website http://www.fos.org.au for comprehensive information about their services and help to answer questions you may have. If necessary, you can also lodge your dispute online.

Phone:1300 780 808
Postal Address: GPO Box 3, Melbourne VIC 3001
Email:info@fos.org.au
Web:www.fos.org.au

 

 

 

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