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Customers Complaints Examination Procedure
TERMS AND ABBREVIATIONS
- Designated employee – Employee of the HIRETT to whom the HIRETT has delegated the obligation to examine Clients’ claims.
- Compliance laws, rules and standards – laws and other legislative acts regulating the performance of the HIRETT, standards set by self-regulating institutions, related to the activity of the HIRETT, professional codes of conduct and ethics and other standards of good practice related to the activity of the HIRETT.
- Employee – a physical person who has actual legal relationship with the HIRETT based on a labour contract or other legal arrangement, including members of the Board.
- Internal normative documents – documents that are issued by the HIRETT and which regulate the performance of the HIRETT, separate structural units or employees, for instance, policies, procedures, regulations, instructions.
- Client/customer – person, who is utilizing one or more of the services provided by the HIRETT.
- Administration – the structure of HIRETT whose responsibilities includes record – keeping function.
- Procedure – the Procedure of the HIRETT for Examination of Client’s Complaints.
- HIRETT – Hirett Ltd.
- Claim/Complaint – any type of document (application, complaint, claim, etc.) that is submitted by the Client and that contains the claim (complaint, dispute).
1 Goal
Goal of the Procedure is to establish and follow the process of HIRETT Clients’ claims examination.
2 General regulations
2.1. HIRETT ensures examination of a Client’s Claim according to Compliance laws, regulations and standards regulating HIRETT business sector.
2.2. This Procedure shall be regularly examined in order to ensure its topicality and compliance to the Compliance laws, regulations and standards. Amendments to this Procedure shall be are approved by the HIRETT executive board.
2.3. When performing obligations under the Procedure, the HIRETT employee shall observe not only the internal normative documents of the HIRETT but also the Compliance laws, regulations and standards.
2.4. When fulfilling obligations under the Procedure, the HIRETT employees shall perform their obligations in such a way that does not violate the internal normative documents and the Compliance laws, regulations and standards.
2.5. The HIRETT board shall appoint the Designated employee.
2.6. The Designated employee is responsible for fulfilment of the requirements set in this Procedure.
2.7. Procedure of Сomplaint examination:
2.7.1. All Clients’ Сomplaints must be handled according to this Procedure.
2.7.2. The Client shall submit the Complaint to the HIRETT in writing. If the HIRETT receives a written Complaint from the Client, it examines it and provides the motivated reply according to the below mentioned requirements:
2.7.2.1. The reply to the received Claim must be sent to the Client not later than within 15 (fifteen) business days from the day on which HIRETT received the Claim. The said term may be extended if Compliance laws, regulations and standards so allow;
2.7.2.2. In exceptional circumstances, if a final response cannot be given in accordance with paragraph 2.7.2.1. for reasons beyond the control of the HIRETT, it will send a holding response to the Client by the end of 15 (fifteen) business days after the day on which the complaint was received, clearly indicating the reasons for the delay in answering the complaint and specifying the deadline by which HIRETT will send the final response; and in that case HIRETT is obliged to send a final response to the Client by the end of 35 (thirty five) business days after the day on which HIRETT received the complaint.
2.7.2.3. Any Claim, dispute, disagreement or complaint deriving from the contractual relationship between the Client and the HIRETT, shall be finally settled by a mutual agreement in writing.
3 Procedure of Complaint examination
3.1. The Administration registers the Claim on the day, when it is received in the HIRETT.
3.2. Once a Complaint has been received by an Administration, it must be transferred to Designated employee.
3.3. Designated employee must:
3.3.1. investigate the Complaint competently, diligently and impartially, obtaining additional information as necessary;
3.3.2. assess fairly, consistently and promptly:
(a) the subject matter of the Complaint;
(b) whether the Complaint should be upheld;
(c) what remedial action or redress (or both) may be appropriate;
(d) if appropriate, whether it has reasonable grounds to be satisfied that another company may be solely or jointly responsible for the matter alleged in the Complaint, taking into account all relevant factors;
3.3.3. offer redress or remedial action when it decides this is appropriate;
3.3.4. explain to the complainant promptly and, in a way that is fair, clear and not misleading, its assessment of the complaint, its decision on it, and any offer of remedial action or redress; and
3.3.5. comply promptly with any offer of remedial action or redress accepted by the complainant.
3.4. Summary resolution communication
3.4.1. Where the Designated employee considers a Complaint to be resolved, he must promptly send the complainant a ‘summary resolution communication’, in writing, which:
(1) refers to the fact that the complainant has made a Complaint and informs the complainant that the respondent now considers the Complaint to have been resolved;
(2) tells the complainant that if he subsequently decides that he is dissatisfied with the resolution of the Complaint he may be able to refer the complaint to the Financial Ombudsman Service;
(3) indicates whether or not, HIRETT consents to waive the relevant time limits in Clause 7 of Section 2;
(4) provides the website address of the Financial Ombudsman Service; and
(5) refers to the availability of further information on the website of the Financial Ombudsman Service.
3.5. Additionally, the Designated employee:
3.5.1. Ensures that the Complaint is settled in writing;
3.5.2. Ensures due preparation and submission of the replies (not later than within two working days until the end of term for reply submission) to the HIRETT executive board member for signing;
3.5.3. Ensures that the replies to the Claims are provided within the term mentioned in Clause 7 of Section 2 of the Procedure;
3.5.4. Examines the Claim and prepares the reply together with the other employees of the HIRETT structural unit that may give explanations regarding the facts (violations) indicated in the Claim;
3.5.5. Establishes and maintains a separate register, where the information on the measures taken regarding the Claims is registered;
3.6. The reply signed by the HIRETT executive board member shall be passed to Administration not later than on the day of reception.
3.7. All replies to the Claims shall be signed by the HIRETT executive board member.
3.8. The Administration sends the HIRETT replies to the Client not later than on the next day after it has received and registered the replies. Such replies in any case must be sent within the term mentioned in Clause 7 of Section 2;
3.9. The Designated employee ensures that the information determined below of the Procedure is available in summarized way in the HIRETT and on website of the HIRETT.
4 Regulatory requirements on Client complaint handling
4.1. Besides the adequate incorporation of the Complaint handling with the HIRETT’s policies and Client dealing, HIRETT ensures following specific parts of the FCA handbook adapted to its Company structure and policies.
- For the purpose of inclusion in the public record maintained by the FCA, HIRETT must:
- provide the FCA, at the time of its authorisation, with details of a single contact point within the firm for complainants; and
- notify the FCA of any subsequent change in those details when convenient and, at the latest, in the firm’s next report under the complaints reporting rules.
4.2. HIRETT will freely and openly communicate the possibility of the Financial Ombudsman with all Client care correspondents and on its Client support website. It will obey to the procedures laid out which comes out of the FCA’s and the Ombudsman’s findings of collected complaints of the company.
5 Final response
5.1. The Designated employee must, by the end of eight weeks after its receipt of the Complaint, send the complainant:
5.1.1. a ‘final response’, being a written response from the HIRETT which:
(a) accepts the complaint and, where appropriate, offers redress or remedial action; or
(b) offers redress or remedial action without accepting the complaint; or
(c) rejects the Complaint and gives reasons for doing so; and which:
(d) encloses a copy of the Financial Ombudsman Service’s standard explanatory leaflet;
(e) provides the website address of the Financial Ombudsman Service;
(f) informs the complainant that if he remains dissatisfied with the respondent’s response, he may now refer his complaint to the Financial Ombudsman Service; and
(g) indicates whether or not the respondent consents to waive the relevant time limits in
or
5.1.2. a ‘written response’ which:
(a) explains why he is not in a position to make a final response and indicates when it expects to be able to provide one;
(b) informs the complainant that he may now refer the complaint to the Financial Ombudsman Service;
(c) indicates whether or not the HIRETT consents to waive the relevant time, if it becomes apparent that the complaint has been made or is referred outside the statutory set time limits;
(d) encloses a copy of the Financial Ombudsman Service standard explanatory leaflet; and
(e) provides the website address of the Financial Ombudsman Service.
6 Complaints reporting rules
6.1. Twice a year HIRETT Designated employee provides the FCA with a complete report concerning complaints received from eligible complainants.
6.2. The report must be set out in the format in DISP 1.
7 Record keeping
7.1. HIRETT must keep a record of each complaint received and the measures taken for its resolution and retain that record for three years from the date the complaint was received.