fsp complaint statistics 2016/17 - credit ombudsman service 2016-17 fsp complaint... · if the fsp...

WWW.CIO.ORG.AU CREDIT AND INVESTMENTS OMBUDSMAN

2016/2017 ANNUAL REPORT ON OPERATIONS 81

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FSP Complaint Statistics 2016/17

82 ANNUAL REPORT ON OPERATIONS 2016/2017

CREDIT AND INVESTMENTS OMBUDSMAN WWW.CIO.ORG.AU

2016/17 CREDIT AND INVESTMENTS OMBUDSMAN 1

complaint report

Background to statistics data

The following data relates to the period between 1 July 2016 and 30 June 2017.

The number and nature of complaints we receive about FSPs is influenced by factors including:

• the size of the FSP’s business (larger FSPs generally receive more complaints than small FSPs), and

• the period of the FSP’s membership with CIO (some FSPs may not have been CIO members for the full membership year and our complaint numbers are not adjusted to take this into account).

Some complaints recorded against an FSP may relate to acts or omissions by another organisation, because:

• the FSP was contracted to manage some aspect of the other organisation’s business,

• the FSP purchased from, or assigned the debt to, the other organisation,

• the FSP acquired the other organisation’s business, or

• the FSP is an Australian credit licensee or an Australian financial services licensee and the other organisation was a credit representative or an authorised representative of the FSP at the time the complaint events occurred.

Time lag between receiving a complaint and closing it

There is a time lag between when we receive a complaint and when we close it. This means that the complaints closed during the reporting period may have been received in a previous reporting period.

The lag varies from complaint to complaint. This means that the figures for the outcome of complaints in a single period may not, by themselves be significant. However, we may be able to identify trends by comparing the outcomes of complaints over several periods.

IDR

In our statistics, we have not included complaints received where the FSP did not have the opportunity to address the complaint within their own IDR process.

FSPs who have not been included

We have not included data where we received three or less complaints against a particular FSP, unless we closed more than three complaints against the FSP in the same reporting period. As a result, 414 FSPs who received three or less complaints are not named in this report. They represent 75% of all FSPs who received complaints, 1.7% of all FSPs and 12% of all complaints received by us.

CREDIT AND INVESTMENTS OMBUDSMAN 2016/172

complaint report

Classification of complaints by type of financial service and complaint outcome

We have classified complaints received according to the type of financial service they relate to. For a general breakdown of the number of complaints received according to financial services, please refer to page 48 of the Annual Report on Operations which can be downloaded at cio.org.au/annualreport.

We have categorised complaints closed according to their outcomes.

For a general breakdown of outcomes, please refer to pages 61 to 66.

Credit reporting complaints

A significant portion of the complaints about debt purchasers and collectors related to credit reporting.

For this reason, we have provided additional information about whether their complaints were about credit reporting. Where a complaint raised more than one claim, but the complaint relates to credit reporting and other issues, the complaint is included in the credit reporting category.


complaint report

DefinitionsResolved by agreementThe complaint is resolved because the parties agreed to a mutually acceptable outcome. This may involve CIO:

• investigating the claims raised by the consumer,

• making informal recommendations to the parties on how the complaint should be resolved, and/or

• facilitating negotiations between the parties.

Decision in consumer’s favourThe complaint is resolved by CIO making a formal written decision in the consumer’s favour after a full investigation of the complaint.

Before issuing a written decision in the consumer’s favour, we inform the FSP of our view and give them the opportunity to reconsider their position. In most cases, the FSP will accept our view and agree to the outcome we informally recommend. When this occurs, we record the outcome as ‘Resolved by agreement’ (see above), and a formal written decision is not required.

If the FSP does not accept our informal recommendation, we issue a formal written decision which may be:

• an Expedited Ruling: A Ruling can be issued for small claims of less than $3,000 or where the complaint is about a credit listing or enquiry. If the consumer accepts the Ruling, the FSP is bound by it. Otherwise, the FSP is not bound by it, the complaint is closed, and the consumer is free to pursue their complaint in another forum, such as a court.

• a Recommendation: A Recommendation is a statement as to what we consider would be a fair outcome to resolve the complaint. The parties are not bound by the Recommendation and may agree to a different but mutually acceptable outcome. If the parties do not accept the Recommendation and the complaint is not otherwise resolved, the complaint may be referred to the Ombudsman who will issue a Determination.

• a Determination: The Ombudsman issues a Determination in the final stage of the CIO process. If the consumer accepts the Determination, the FSP is bound by the decision in the Determination. If the consumer does not accept the Determination, the FSP is not bound by it. The complaint is then closed and the consumer is free to pursue their complaint in another forum, such as a court.


complaint report

Definitions (continued)Decision confirming FSP’s offerThis is where:

• the FSP makes an offer to resolve the complaint,

• we consider that the offer is reasonable after reviewing the range of likely outcomes that may be achieved if the complaint were to proceed , and

• we recommend to the consumer that they accept the FSP’s offer to settle their complaint.

The consumer is not bound by the recommendation. If the consumer does not accept the recommendation, the complaint is closed and the consumer is free to pursue their complaint in another forum, such as a court.

DiscontinuedA complaint where:

• the consumer did not respond to our repeated attempts to contact them,

• the complaint was not made against the appropriate FSP, or

• the consumer withdrew their complain.

Decision – complaint not substantiatedThe complaint was resolved with CIO making a formal written decision in the FSP’s favour after a full investigation of the complaint. The consumer is given:

• our reasons for making the decision to close the complaint, and

• an opportunity to object to our decision.

Outside of jurisdictionWe are not able to deal with the complaint under the CIO Rules. For more information on the grounds on which a complaint may be outside of our jurisdiction, refer to pages 65 and 66 of the Annual Report.


complaint report

AUSTRALIAN DEPOSIT TAKING INSTITUTIONS Membership

commenced Rece

ived

Clo

sed

Closed outcome

Reso

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by

agre

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Deci

sion

in

cons

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favo

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Out

of

juris

dict

ion

Auswide Bank Ltd 26/08/2009 12 13 7 2 4

Bananacoast Community Credit Union Ltd 7/10/2009 18 13 3 1 5 2 2

Greater Bank Ltd 25/09/2009 10 11 9 1 1

Indue Ltd 4/09/2009 5 4 3 1

Newcastle Permanent Building Society Ltd 30/09/2009 13 19 12 1 3 3

Qudos Mutual Ltd t/a Qudos Bank 7/10/2009 13 13 9 1 1 2

Queensland Country Credit Union Ltd 26/10/2009 4 4 2 1 1

The Capricornian Ltd 6/08/2009 2 4 1 3

BROKERS AND AGGREGATORS Membership

commenced Rece

ived

Clo

sed

Closed outcome

Reso

lved

by

agre

emen

t

Deci

sion

in

cons

umer

’s

favo

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aint

not

su

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ted

Out

of

juris

dict

ion

ACN 117 674 236 Pty Ltd 23/02/2006 2 9 9

AHL Investments Pty Ltd t/a Aussie 1/07/2003 24 19 10 1 1 1 4 2

Auscred Services Pty Ltd 10/07/2013 4 -

Australian Finance Group Ltd t/a AFG 1/07/2003 8 7 4 1 1 1

Barry William Young 16/10/2013 1 9 9

BLSSA Pty Ltd 11/06/2010 7 4 3 1

Cigno Pty Ltd t/a Cigno 1/07/2016 4 -

Connective Credit Services Pty Ltd 26/05/2010 4 4 1 2 1

Echoice Home Loans Pty Ltd 1/07/2003 4 -

Financial Advisers Australia Pty Ltd 7/04/2010 3 4 3 1

Firm Finance Pty Ltd 1/07/2003 11 -

Loan Market Pty Ltd 18/01/2008 8 2 1 1

Money Now Pty Ltd 8/06/2012 4 3 1 1 1

Mortgage Choice Ltd 18/01/2008 7 5 2 2 1

Stratton Finance Pty Ltd 13/07/2006 5 4 3 1

COMMERCIAL LOAN PROVIDERS Membership

commenced Rece

ived

Clo

sed

Closed outcome

Reso

lved

by

agre

emen

t

Deci

sion

in

cons

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’s

favo

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Out

of

juris

dict

ion

Balmain NB Commercial Mortgage Ltd t/a Balmain Commercial 01/07/2003 7 5 3 1 1


complaint report

CONSUMER LEASE PROVIDERS Membership

commenced Rece

ived

Clo

sed

Closed outcome

Reso

lved

by

agre

emen

t

Deci

sion

in

cons

umer

’s

favo

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Deci

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aint

not

su

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ted

Out

of

juris

dict

ion

Amazing Rentals Pty Ltd 14/05/2010 2 4 3 1

1st Choice Enterprises Pty Ltd t/a 1st Choice Appliance Rentals 15/06/2010 6 8 5 1 1 1

Edufin Pty Ltd 22/06/2011 2 4 4

Flexirent Capital Pty Ltd 1/07/2013 77 119 98 1 7 10 3

The Polygon Group Pty Ltd t/a Musicorp Australia 26/09/2011 5 5 5

Thorn Australia Pty Ltd t/a Radio Rentals | Rentlo | Cashfirst 16/06/2009 57 57 36 1 11 3 6

Walker Stores Pty Ltd t/a InRent; In-Lease 7/06/2010 27 26 22 2 2

CREDIT OR CHARGE CARD PROVIDERS Membership

commenced Rece

ived

Clo

sed

Closed outcome

Reso

lved

by

agre

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t

Deci

sion

in

cons

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favo

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Out

of

juris

dict

ion

Diners Club Pty Ltd 27/06/2013 6 8 7 1

Lombard Finance Pty Ltd 8/12/2011 29 35 30 2 2 1

Once Credit Pty Ltd 17/12/2013 18 22 21 1

CREDIT REPAIR AND DEBT MEDIATION SERVICE PROVIDERS Membership

commenced Rece

ived

Clo

sed

Closed outcome

Reso

lved

by

agre

emen

t

Deci

sion

in

cons

umer

’s fa

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Deci

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confi

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P’s

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plai

nt

not s

ubst

antia

ted

Out

of j

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n

Credit Repair Australia Pty Ltd 10/01/2006 22 24 20 4

DCS Group Aust Pty Ltd t/a Debt Mediators; Beyond Debt 7/09/2010 4 3 2 1

CREDIT REPORTING BODIES Membership

commenced Rece

ived

Clo

sed

Closed outcome

Reso

lved

by

agre

emen

t

Deci

sion

in

cons

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’s

favo

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aint

not

su

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ted

Out

of

juris

dict

ion

DBCC Pty Ltd t/a Dun & Bradstreet Consumer Credit 10/03/2014 34 32 24 3 3 2

Equifax Australia Information Services and Solutions Pty Ltd 9/11/2016 183 109 65 16 7 21


complaint report

DEBT PURCHASERS AND COLLECTORS Membership

commenced Rece

ived

Clo

sed

CLOSED OUTCOME

Reso

lved

by

agre

emen

t

Deci

sion

in

cons

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’s fa

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Deci

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Out

of j

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n

ACM Group Ltd 25/05/2012

Credit reporting complaint 91 94 65 7 7 15

General complaint 35 27 12 1 3 5 6

TOTAL 126 121 77 1 10 12 21

Axess Debt Management Pty Ltd 30/06/2010


General complaint 13 14 6 1 4 3

TOTAL 29 28 15 2 5 6

Baycorp Collections PDL (Australia) Pty Ltd t/a Baycorp

1/02/2011

Credit reporting complaint 157 147 96 1 3 2 45


TOTAL 293 291 197 1 13 10 70

CCC Financial Solutions No.3 Pty Ltd 2/07/2015

Credit reporting complaint 1 -

General complaint 4 3 1 1 1

TOTAL 5 3 1 1 1

CCC Financial Solutions Pty Ltd 6/06/2010

Credit reporting complaint 1 3 2 1


TOTAL 10 16 9 1 3 3

Complete Credit Solutions Pty Ltd t/a CCS Sydney

24/07/2012

Credit reporting complaint 6 1 1

General complaint 13 15 12 3

TOTAL 19 16 13 3

Credit Corp Acceptance Pty Ltd t/a Great Western Asset Management

3/06/2009

Credit reporting complaint 8 11 7 1 3


TOTAL 12 21 11 2 4 4

Credit Corp Recoveries Pty Ltd 27/10/2014


General complaint 4 4 4

TOTAL 25 31 4 1 1 25

Credit Corp Services Pty Ltd 23/07/2012

Credit reporting complaint 145 131 74 2 17 27 11


TOTAL 335 288 160 2 39 53 34

Credit Four Pty Ltd 17/02/2012


General complaint - -

TOTAL 12 8 4 1 2 1

Lion Finance Pty Ltd 27/11/2014


General complaint 165 156 97 1 1 17 17 23

TOTAL 243 217 135 1 1 27 17 36


complaint report

FINANCIAL PLANNERS AND ADVISERS Membership

commenced Rece

ived

Clo

sed

CLOSED OUTCOME

Reso

lved

by

agre

emen

t

Deci

sion

in

cons

umer

’s

favo

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Deci

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confi

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FSP’

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Disc

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Deci

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aint

not

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ted

Out

of

juris

dict

ion

Anne Street Partners Financial Services Pty Ltd 25/08/2011 10 11 2 1 1 6 1

Dover Financial Advisers Pty Ltd 1/04/2016 4 -

Financial Index Australia Pty Ltd t/a Financial Index Wealth Accountants 1/08/2012 3 4 2 1 1

Findex Advice Services Pty Ltd t/a Centric Wealth Advisers| Prescott Securities| Crowe Horwath Financial Advice

30/06/2015 5 5 2 1 2

Madison Financial Group Pty Ltd 16/05/2013 10 5 4 1

NSG Services Pty Ltd 23/02/2011 7 4 2 1 1

Prescott Securities Ltd 9/07/2015 6 4 2 1 1

DEBT PURCHASERS AND COLLECTORS Membership

commenced Rece

ived

Clo

sed

CLOSED OUTCOME

Reso

lved

by

agre

emen

t

Deci

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in

cons

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’s fa

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NCO Finance (Australia) Pty Ltd 16/07/2012



TOTAL 11 30 22 1 1 4 1 1

Pioneer Credit Solutions Pty Ltd 18/12/2009


General complaint 86 80 50 1 12 7 10

TOTAL 178 185 142 1 19 11 12

Recoveries Corporation Pty Ltd 11/08/2009



TOTAL 19 15 9 1 5

Shield Mercantile Pty Ltd 28/08/2009



TOTAL 23 14 6 1 2 5

Tru Blu Collection Services Pty Ltd 26/03/2013


General complaint 2 4 2 2

TOTAL 5 7 5 2


complaint report

MOTOR VEHICLE FINANCE PROVIDERS Membership

commenced Rece

ived

Clo

sed

CLOSED OUTCOME

Reso

lved

by

agre

emen

t

Deci

sion

in

cons

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’s

favo

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Deci

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ing

FSP’

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Disc

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sion

- co

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aint

no

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bsta

ntia

ted

Out

of

juris

dict

ion

Alpha Car Finance Pty Ltd 1/09/2011 8 14 12 2

BMW Australia Finance Ltd t/a BMW Financial Services 27/02/2006 107 66 46 10 7 3

DTG N1 Pty Ltd t/a Affordable Car Loans 8/06/2010 6 5 4 1

DTG Q1 Pty Ltd t/a Affordable Car Loans 8/06/2010 6 9 4 1 2 1 1

DTG V1 Pty Ltd t/a Affordable Car Loans 8/06/2010 8 7 4 1 2

Fin One Pty Ltd t/a Finance One 10/03/2010 10 9 6 2 1

Green Light Auto Group Pty Ltd t/a Carboodle 6/05/2010 10 11 8 1 1 1

InHouse Finance Group (Sydney) Pty Ltd 1/06/2010 4 4 4

KWIK Finance (QLD) Pty Ltd 8/06/2010 13 12 6 1 2 3

KWIK Finance Pty Ltd 8/06/2010 20 7 5 2

Nissan Financial Services Australia Pty Ltd t/a Nissan Financial Services; Renault Financial Services; Infiniti Financial Services; Mitsubishi Motors Financial Services; Skyline Car Finance

23/05/2012 91 98 72 1 9 15 1

Pepper Asset Finance Pty Ltd 17/04/2014 15 16 8 5 3

R.A.C.V. Finance Ltd t/a R.A.C.V Finance; NRMA Car Loans 2/07/2009 5 4 3 1

Volkswagen Financial Services Australia Pty Ltd t/a Volkswagen Finance, Audi Finance, Skoda Finance, Volkswagen Group Leasing, Ducati Financial Services

19/04/2011 87 61 42 1 8 8 2

LENDERS’ MORTGAGE INSURANCE PROVIDERS Membership

commenced Rece

ived

Clo

sed

CLOSED OUTCOME

Reso

lved

by

agre

emen

t

Deci

sion

in

cons

umer

’s fa

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Deci

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confi

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Out

of j

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n

Genworth Financial Mortgage Insurance Pty Ltd t/a Genworth 1/07/2003 14 11 7 1 1 2

QBE Lenders' Mortgage Insurance Ltd 1/06/2010 6 10 6 1 2 1


complaint report

RESIDENTIAL MORTGAGE LENDERS AND MANAGERS Membership

commenced Rece

ived

Clo

sed

CLOSED OUTCOME

Reso

lved

by

agre

emen

t

Deci

sion

in

cons

umer

’s

favo

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Deci

sion

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aint

not

su

bsta

ntia

ted

Out

of

juris

dict

ion

Advantedge Financial Services Pty Ltd 21/10/2009 48 49 31 6 10 2

AFSH Nominees Pty Ltd 23/06/2010 11 12 6 2 3 1

Bluestone Equity Release Pty Ltd 13/04/2010 17 12 3 9

Bluestone Mortgages Pty Ltd 1/07/2003 16 18 12 5 1

Columbus Capital Pty Ltd 4/01/2007 13 7 4 1 1 1

Firstmac Ltd 29/07/2014 11 9 7 1 1

Fox Symes Home Loans (Services) Pty Ltd 11/02/2011 8 9 6 1 1 1

Homeloans Ltd 1/07/2003 5 6 2 1 1 2

Homestart Finance Corporation 1/07/2003 18 15 9 3 3

Keystart Loans Ltd 1/07/2003 22 22 7 1 4 9 1

La Trobe Financial Services Pty Ltd 1/07/2003 46 45 32 3 5 5

Liberty Financial Pty Ltd 1/07/2003 89 71 52 8 9 2

Loans.com.au Pty Ltd 29/07/2014 14 10 6 3 1

Mortgage House of Australia Pty Ltd 1/07/2003 8 7 4 1 2

Pepper Finance Corporation Ltd 29/06/2009 23 19 15 1 1 2

Pepper Group Ltd 8/02/2011 79 77 52 2 13 7 3

Perpetual Trustee Company Ltd 1/07/2003 6 7 1 1 1 4

RedZed Lending Solutions Pty Ltd 12/04/2007 8 9 4 4 1

Resimac Ltd 1/07/2003 13 15 5 4 5 1

RHG Mortgage Corporation Ltd 1/08/2013 26 38 22 1 4 5 6

PERSONAL LOAN PROVIDERS Membership

commenced Rece

ived

Clo

sed

CLOSED OUTCOME

Reso

lved

by

agre

emen

t

Deci

sion

in

Con

sum

er’s

Fa

vour

Deci

sion

confi

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P’s

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Disc

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aint

not

su

bsta

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ted

Out

of

juris

dict

ion

BOQ Credit Pty Ltd t/a BOQ Finance 27/10/2009 15 14 9 1 2 2

Credit Corp Financial Services Pty Ltd t/a ClearCash | RediRent| Wallet Wizard

21/12/201015 9 6 2 1

Money3 Branches Pty Ltd 25/07/2008 4 3 2 1

Money3 Corporation Ltd 17/07/2008 9 6 5 1

Money3 Loans Pty Ltd 28/07/2008 7 9 7 1 1

Money3 Services Pty Ltd 25/07/2008 5 5 5

Moneyme Financial Group Pty Ltd 2/07/2013 8 7 7


complaint report

OTHER Membership commenced TO

TAL

REC

EIVE

D

TOTA

L C

LOSE

D

CLOSED OUTCOME

Reso

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by

agre

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Deci

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not

su

bsta

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ted

Out

of

juris

dict

ion

EduCollect Pty Ltd 26/11/2015 5 3 2 1

Fox Symes & Associates Pty Ltd 13/12/2010 7 8 3 1 4

Smartsalary Pty Ltd t/a Smartleasing 16/06/2009 25 18 17 1

Sportsbet Pty Ltd t/a Sportsbet.com.au 1/04/2014 2 5 1 3 1

TIMESHARE PROVIDERS AND FINANCIERS Membership

commenced Rece

ived

Clo

sed

CLOSED OUTCOME

Reso

lved

by

agre

emen

t

Deci

sion

in

cons

umer

’s

favo

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Deci

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aint

not

su

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ted

Out

of

juris

dict

ion

A.P.V.C Ltd t/a Accor Vacation Club 14/06/2011 13 12 8 3 1

Finance by Wyndham Pty Ltd 30/06/2011 30 27 21 4 2

Future Holiday Finance Pty Ltd 10/11/2010 10 14 12 2

ULTIQA Lifestyle Promotions Pty Ltd 23/04/2012 13 27 26 1

Wyndham Vacation Resorts South Pacific Ltd t/a World Mark South Pacific Club

30/06/2011 18 18 17 1

SMALL AND MEDIUM AMOUNT LOAN PROVIDERS Membership

commenced Rece

ived

Clo

sed

CLOSED OUTCOME

Reso

lved

by

agre

emen

t

Deci

sion

in

cons

umer

’s fa

vour

Deci

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confi

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Out

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Abaz Pty Ltd 7/06/2010 9 19 16 2 1

Ausfinancial Pty Ltd t/a Swoosh Finance 14/05/2010 18 18 16 1 1

Cash Converters (Cash Advance) Pty Ltd 6/07/2009 35 26 23 2 1

Cash Converters Personal Finance Pty Ltd 12/02/2010 116 114 94 9 9 2

City Finance Lending Pty Ltd t/a City Finance 17/11/2014 4 3 2 1

DollarsDirect, LLC t/a DollarsDirect.com.au 18/12/2009 6 5 5

Ferratum Australia Pty Ltd t/a Ferratum 12/08/2011 6 5 5

Fundco Pty Ltd t/a Capfin 9/12/2008 3 4 3 1

IPF Digital Australia Pty Ltd 30/04/2012 7 6 6

New South Wales (NSW) Cashies Pty Ltd t/a Cash Converters Liverpool; Wollongong; Warrawong; Shell Harbour; Woden; Beconnen; Teuggeranong

2/02/2010 3 4 3 1

Nimble Australia Pty Ltd t/a Nimble 2/10/2009 9 23 18 2 2 1

Rymaje Pty Ltd t/a Teletax 14/01/2011 20 11 10 1

Safe Finance Pty Ltd 9/12/2008 4 3 2 1

Safrock Finance Corporation (QLD) Pty Ltd 10/12/2009 3 9 6 1 2

Sunshine Loan Centres Pty Ltd 22/12/2008 27 23 18 4 1

12 ANNUAL REPORT ON OPERATIONS 2016/2017

CREDIT AND INVESTMENTS OMBUDSMAN WWW.CIO.ORG.AU

Credit and Investments Ombudsman PO Box A252 Sydney South NSW 1235 www.cio.org.au

MembershipE [email protected] 02 9273 8455F 02 9273 8445

Case ManagementE [email protected] 1800 138 422F 02 9273 8440

© Copyright Credit and Investments Ombudsman Limited ABN 59 104 961 882

fsp complaint statistics 2016/17 - credit ombudsman service 2016-17 fsp complaint... · if the fsp...

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