BLACK COUNTRY ENTERPRISE LOAN FUND
COMPLAINTS PROCEDURE
Contents
1. Glossary
2. Complaints covered by the procedure
3. Availability of the complaints procedure
4. Receiving complaints
5. Investigating and responding to complaints
6. Complainants right to go the Financial Ombudsman Service
7. Assessment and review
1. Glossary
The following words in this procedure shall have the meanings ascribed to them as follows: -
1.1 'Eligible complainant' means a person having a customer or potential customer relationship with the Black country Enterprise Loan Fund ( BCELF ) or his/her representatives (authorised by the complainant or by law).
1.2 The 'Financial Ombudsman Service' is an independent and impartial dispute-resolution organisation, given powers by the Consumer Credit Act 2006 to help resolve individual disputes between consumers and businesses providing financial services.
1.3 'The Trustees' means the Trustees for the time being hereof and their successors in title of The Black Country Enterprise Loan Fund.
1.4 'Business day' means any day except Saturdays, Sundays, Bank Holidays and works holidays (days where the postal address, telephones or email addresses of BCELF are unmanned for receipt of correspondence/contact).
1.5 'Redress' means action as a consequence of acceptance of responsibility that the complainant has suffered, or may suffer, financial loss (including consequential or prospective loss, in addition to actual loss), material distress or material inconvenience for any acts or omissions by BCELF .
2. Complaints covered by the procedure
This Complaints Procedure covers the handling of any expression of dissatisfaction, whether oral or written, and whether justified or not, from or on behalf of an eligible complainant about BCELF 's provision of, or failure to provide, a financial service.
3. Availability of the complaints procedure
3.1 BCELF will notify eligible complainants in writing as to the availability of its internal complaints procedure at, or immediately after, the point of sale (contained within any loan offer and on its website).
3.2 BCELF will supply a copy of this procedure on request to an eligible complainant.
3.3 BCELF will display on its website a notice indicating that it is covered by the Financial Ombudsman Service.
4. Receiving complaints
4.1 Complainants may make a complaint by any reasonable means (for example, letter, telephone, e-mail or in person).
4.2 Complainants may make a complaint within 30 days of the matter to which the subject of the complaint applies.
4.3 Complaints may be made:
4.3.1 By post to BCELF , P.O. Box 4344 , Wolverhampton , WV6 6AA .
4.3.2 By email to enquiries@bcelf.org.uk
4.3.3 By phone to 07875 199262 or 07875 199254.
4.3.4 In person at any meeting with an agent of BCELF .
4.4 Complaints should refer, as far as possible, to:
4.4.1 The date/dates of the matter for which the subject of the complaint applies.
4.4.2 The subject matter of the complaint.
4.4.3 The names of any BCELF agents directly involved in the matter which is the subject of the complaint.
5. Investigating and responding to complaints
5.1 BCELF will automatically supply a copy of this procedure to a complainant when it receives a complaint from an eligible complainant (unless the complaint is resolved by 17:00 hours on the business day after the business day on which the complaint was received).
5.2 BCELF will send a written acknowledgement of a complaint to the complainant within five business days of its receipt, giving the name and job title of the person handling the complaint on behalf of BCELF .
5.3 Complaints will be investigated by an agent or Trustee who was not directly involved in the matter which is the subject of the complaint.
5.4 Agents or Trustees investigating complaints will have:
5.4.1 Understanding of this complaints procedure
5.4.2 Understanding of the operating procedures of BCELF
5.4.3 Understanding of the sections of the Consumer Credit Act relating to complying with complaints legislation and regulations.
5.5 Agents or Trustees investigating complaints will present the findings of their investigation to a minimum of two (other) Trustees. The investigator and Trustees will jointly make a decision on the response to the complainant; including having the authority to settle complaints or offer redress where appropriate.
5.6 If BCELF is able to provide a final response within five business days of receipt of a complaint it may combine its acknowledgement of the complaint with the final response.
5.7 Where BCELF decides that redress is appropriate, BCELF will refer to guidance published by the Financial Ombudsman Service to determine what it considers is a fair offer of redress to the complainant. Should the complainant accept an offer of redress, this will be made within 10 working days of acceptance by the complainant. Appropriate redress may simply involve an apology or may involve financial redress and where deemed appropriate, it may include interest at a rate of 4% per annum flat rate.
5.8 BCELF will, within four weeks of receiving a complaint, send the complainant either:
5.8.1 A final response; or
5.8.2 A holding response, which explains why it is not yet in a position to resolve the complaint and will indicate when BCELF will make further contact (which will be within eight weeks of receipt of the complaint).
5.9 BCELF will, by the end of eight weeks after its receipt of a complaint, send the complainant either:
5.9.1 A final response; or
5.9.2 A response which explains that BCELF is still not in a position to make a final response will give reasons for the further delay, indicating when it expects to be able to provide a final response.
5.10 Responses to a complaint by BCELF will inform the complainant how to pursue the complaint if he/she remains dissatisfied.
5.11 If BCELF believes it has reasonable grounds to be satisfied that another organisation may be solely responsible for a fault alleged in a complaint it will refer the complaint in writing to that other organisation at the earliest possible opportunity and at the very latest, within five business days of the date on which it became satisfied that such other organisation may be solely responsible for the subject matter of the complaint. Under these circumstances, BCELF will inform the complainant of the referral by way of a final response and include the other organisation's contact details.
5.12 If BCELF believes it has reasonable grounds to be satisfied that another organisation may be jointly responsible for a fault alleged in a complaint it may choose to refer the complaint in writing to that other organisation at the earliest possible opportunity and at the very latest, within five business days of the date on which it became satisfied that such other organisation may be jointly responsible for the subject matter of the complaint. Under these circumstances, BCELF will inform the complainant of the referral by way of a response and include the other organisation's contact details. Additionally, BCELF will comply with the obligations in this procedure as to that part of the complaint that is the BCELF 's responsibility.
5.13 If BCELF receives a complaint referred to it by anther organisation, the complaint will be treated as if made directly to BCELF and this complaints procedure will apply as if the complaint was received on the date when the referral was received. BCELF will copy the acknowledgement (referred to in 5.2 above) to the organisation which made the referral.
6. Complainants right to go the Financial Ombudsman Service
6.1 BCELF will aim to resolve complaints at the earliest possible stage. However, i f 5.9.2. above applies, BCELF will inform the complainant that he/she may refer the complaint to the Financial Ombudsman Service if he/she is dissatisfied with the delay and BCELF will enclose a copy of the Financial Ombudsman Service's explanatory leaflet.
6.2 This procedure also serves as notice to a complainant that he/she can refer his/her complaint to the Financial Ombudsman Service if he/she receives a final response with which he/she is dissatisfied. The complainant may decide whether to give the BCELF more time before exercising this right; but should be aware that he/she has a time limit of six months from the date of the final response to refer his/her complaint to the Financial Ombudsman.
6.3 BCELF will cooperate fully with the Financial Ombudsman in the handling of any complaints against it. Cooperation with the Financial Ombudsman includes, but is not limited to, producing requested documents, adhering to any specified time limits, attending hearings when requested to do so and complying promptly with any settlements or awards.
7. Assessment and review
7.1 The management and handling of complaints will be reviewed annually as a standing agenda item for the second Trustee's policy meeting each year. The review will examine:
7.1.1 If complaints have been handled in accordance with this procedure.
7.1.2 If BCELF handles complaints fairly, consistently and promptly.
7.1.3 If any systemic problems are recurring (including instructing a proposal to remedy any identified).
7.2 The effectiveness of (and opportunities to improve) this procedure will be reviewed bi-annually or as required by legislation and the next review is due by 1 st April 2013.
Author: Jill Thorpe
BCELF Head of Operations
