Complaints Procedure

1. Treating customers fairly for complaints

Complaints are an indicator of areas of the business that are not operating satisfactorily for clients. Senior Management philosophy is to understand and act on the basis that effective management of complaints is a key part of treating clients fairly. Complaints can be an opportunity to identify how to improve performance. Effective and prompt analysis of the root causes of complaints and a commitment to remedying such causes helps us to ensure fairer treatment to current and future clients. If our client expresses dissatisfaction verbally or in writing, then we need to take measures to ensure rectification.

Handling complaints fairly is not just about processes and time limits. It is also about the culture, behaviour and attitudes of staff when receiving complaints and deciding what actions to take. Treating clients fairly does not mean that all complaints should be upheld. It is about having fair, consistent and prompt investigation and decision making, and redress is embedded in well documented procedures as provided in this policy.

2. Obligations

Under the Fiduciaries Law issued by the Commission, Evander is required to establish effective complaints handling systems and procedures and in particular must:

• maintain adequate records of complaints against the registered person, including a central register that contains details of any agreed compensation or compromise;
• inform clients of how complaints may be made and how they may expect these to be responded to;
• handle complaints transparently, competently, diligently and impartially;
• provide, in writing, within five working days, unless expressly agreed by the complainant to the contrary an acknowledgement that their complaint has been received and confirm that the complaint is being considered;
• keep the complainant informed about the progress of their complaint, including details of any actions being taken to resolve their complaint;
• advise the complainant in writing when the complaint is considered closed and where the complaint is not upheld, clearly state the reason(s) for rejecting the complaint;
• comply with the requirement of 5.2.(j) of the Fiduciary Rules and Guidance, in relation to determining whether a complaint gives rise to any notification requirement under its professional indemnity insurance policy; and
• consider the complaints data for patterns emerging.

Evander must notify the Commission promptly, in writing, if:

• a complaint is not satisfactorily resolved within 90 days of it being lodged;
• a pattern to complaints is identified;
• when a complaint is upheld by the Channel Islands Financial Ombudsman;
• the imposition of a sanction against the licensee following breach determination by the Data Protection Authority;
• the making, or the proposal for the making, of a compromise or arrangement with any creditors of Evander;
• a significant complaint; and/or
• any complaint resulting in a claim or potential claim against the professional indemnity insurance Policy

3. Policy

It is Evander ’s policy is to treat all complaints as professionally and promptly as possible, irrespective of initial considerations of merit.  Evander:

• will endeavour to satisfy the complainant as soon as practicable;
• will act equitably in its handling of complaints;
• will ensure the circumstances of the complaint will be fully investigated as a matter of priority;
• will notify the GFSC of any complaints received which have not been resolved within a 90-day period or if deemed to be “significant”;
• will notify the GFSC if it is considered to be in the interests of public or complainant or if the complaint or series of complaints suggest that Evander is failing to meet any of the requirements of the Codes and Regulations;
• will determine whether a complaint gives rise to any notification requirement under its professional indemnity insurance policy. Where that is the case, in all cases, a report should be provided whether there is a specific claim of negligence or not. While events or circumstances that can lead to a reported claim are generally rare, they do need to be handled extremely carefully. All such events or circumstances should immediately be notified to the Compliance Officer as well as the Managing Director.

4. On Receipt of a Complaint

Upon receipt of any complaint of any nature, whether verbal or written, the details of the complaint must be handled by the Managing Director who will inform Compliance. It must be stated in both instances that you are making a complaint. Compliance will draft an acknowledgement letter which is to be sent within 2 days of receipt. (Letter 1).

The complaint will be reviewed by Compliance. If the complaint involves the conduct of an  officer, then consideration must be made in respect of managing the conflict of interest.  The letter (Letter2) should:

1.  Refer to our acknowledgement – Letter 1;
2.  give the name of the person responsible for resolving the complaint;
3.  detail the pertinent facts of the complaint (especially if the complaint was received verbally); and
4.  detail the expected timeframe within which a detailed response will be issued.
5.  Compliance will record the complaint details on the Incident Register and monitor it through to resolution.

5. On-going Resolution of Complaint

Where possible the Managing Director should investigate and assess the complaint competently, diligently, impartially, fairly, consistently, and promptly reviewing all available information and obtaining relevant additional information where necessary.

They shall assess and determine if the complaint should be upheld and what redress and/or remedy may be appropriate.

A final response should;

• Accept the complaint and offer any appropriate redress and/or remedy; or
• Offer redress and/or remedy without accepting the complaint; or
• Reject the complaint and give clear reasons for doing so

All significant complaints should be reviewed by Compliance before any final responses are provided to the client.

If a response to the complaint cannot be issued within 4 weeks of receipt of the complaint, then the client should be issued with another holding letter (letter3) and monthly thereafter:

• referring to the initial letter sent;
• providing an update regarding investigation status; and
• provide a revised timeframe in which a detailed response will be issued

If the final response cannot be provided within 3 months, the client should be provided with contact details for the GFSC and advised that they may be able to refer their complaint to the Channel Island Financial Ombudsman (“CIFO”). The standard template must be used which gives the contact details for the CIFO.

If the complaint is not resolved within a 90-day period the Compliance Officer will notify the GFSC.

Compliance must be notified of complaints which have been resolved and the outcome of the review of the complaint together with details of the causation and any redress offered.

Compliance will update the Incident register.

The Managing Director will notify the GFSC if it is in the interests of the public or the complainant or if the complaint or series of complaints suggest that Evander is failing to meet any of its requirements under the Codes or Regulations.

6. Contact the GFSC

If you are not happy in the way that Evander has dealt with the complaint, you may wish to seek the assistance of the GFSC. In such circumstances.

Guidance

The GFSC will request that Evander replies directly to the complainant, as well as providing a copy to the GFSC, with a detailed explanation of the facts surrounding the complaint. The GFSC will review the response to ensure that Evander has handled the complaint properly within the correct complaint procedures and has complied with its regulatory requirements under the relevant legislation and Codes. The GFSC will need to determine whether Evander is continuing to meet certain minimum standards on matters such as honesty, competency, and solvency. The GFSC may decide to instruct Evander for instance by requiring it to modify its management controls.

https://www.gfsc.gg/consumers/complaints/how-make-complaint

Phone (Conduct Unit) 01481 712706
Email: Conduct Unit

Guernsey Financial Services Commission,
Glategny Court,
Glategny Esplanade,
St Peter Port,
Guernsey, GY1 3HQ

7. Contact the CIFO

As part of the Complaints procedure the Complainant has the right to seek remediation via the Channel Islands Financial Ombudsman. There are limited powers in respect of Trust and Company Administration in respect of complaints however if the complainant refers the matter to the CIFO then this would require that the complaint, if not already, become a significant complaint.

CIFO Contact Details

Channel Islands Financial Ombudsman
P O Box 114
Jersey, Channel Islands
JE4 9QG

Email: [email protected]
Website: www.ci-fo.org
Phone Number: 01481 722218

8. Contact the Data Protection Authority

If the complaint has elements of alleged data misuse or potential privacy breaches, the Complainant has the right in the first instance to complain directly to the DPA. Under the Cyber Security Rules this would also be a notifiable Complaint to the GFSC.

DPA Contact Details

The Office of the Data Protection Authority
Block A, Lefebvre Court, 
Lefebvre Street, 
St Peter Port, GY1 2JP

Email: mailto:[email protected]
Website: odpa.gg
Phone Number: 01481 742074