Debt Recovery and Credit Control Complaints
Our aim at Amril is to deal with any complaints quickly and fairly.
Our complaints procedure covers all aspects of the services we provide to our clients.
If you are not happy about specific aspects of our service please inform a member of our staff or contact the Managing Director via letter and we will endeavour to deal with your queries on immediate notification of the complaint. Our address can be found on the contact us page.
This procedure is written in accordance with the Financial Conduct Authority (“FCA”) Complaint Handling Rules and is required to be issued in the event of a customer complaint.
We will consider all complaints received from an Eligible Complainant, who the FCA have classified as a person who is:
A private individual; or
A business, which has an annual turnover of less than 1m; or
A charity, which has an annual income of less than 1m; or
A trustee of a trust, which has a net asset value of less than 1m
Who is or has been a customer of the firm;
The complainant arises out of matters relevant to being or having been a customer;
The complaint arises out of our actions or failure to act where the complainant is a potential customer of the firm.
The complaint arises out of our actions or failure to act where the complainant has been contacted as part of our everyday business activities.
NOTE: A complaint may be made on behalf of an eligible complainant by another party authorised by them.
In the light of the nature of Amril’ business, the fact of being pursued for the recovery of a debt, as such, is unlikely to cause “financial loss, material distress or material inconvenience”. Accordingly, Amril’ policy reasonably excludes from categories of complaint, the pursuit of the debt as such.
Many customers will raise issues in the course of the collection of debts from them, such as that the balance is incorrect, the account has been settled, the account is statute barred etc. These are not, as such, complaints, rather than disputes – albeit that a failure to address a dispute, may result in a complaint.
Furthermore, the identification of a customer as “vulnerable” does not, itself amount to a complaint, rather than requirement to follow the vulnerable debtors policy. Again, an assertion as to a failure to follow this policy will be a complaint.
Accordingly, complaints which fall to be categorized immediately as such will be confined to those relating to conduct in the process of debt collection activities with reference to the OFT Debt Collection Guidance and/or statutory requirement. Examples include harassment and failures to provide documentation and information.
Finally, we acknowledge that any “complaint” to the FOS, the ICO or the OFT must be regarded by us as a complaint, even if its subject matter would otherwise be categorised by us as a dispute.
In the event that we receive a complaint we will enter it onto our electronic complaints register, which will record the details of your complaint, the FSA Classification, and enable us to track your complaint through to resolution.
We will retrieve all the necessary documentation relevant to your account, from our file and systems. These documents will be read and considered, in conjunction with your complaint by our Managing Director.
We will endeavour to respond and resolve your complaint immediately, which we consider to be at least one business day after the day we received your complaint. However, we may need to carry out further investigations; if this is required we will send you a ‘Notice of Investigation’ letter within 5 working days from when we received your complaint.
The notice of investigation letter will include:
An explanation of why a different person is responding if it is not the person you addressed your complaint to;
The name and job title of the individual handling your complaint;
A timescale for when we will correspond further, which will be no more than 4 weeks from the receipt of your complaint; and
A copy of this complaints procedure.
In the unlikely event that our investigations require longer than 4 weeks to complete, we will write to you to explain why we are not yet in a position to respond to your complaint and indicate when we will make further contact (This must be within 8 weeks of the receipt of the complaint).
If after 8 weeks we are still not in a position to make a response, we will write to you and give reasons for the delay and an indication when we expect to provide a full and final response. At this point we must include details of the Financial Ombudsman Service (“FOS”), who you can refer your complaint to if you wish, a copy of the FOS’s explanatory leaflet will also be enclosed.
Once our investigations are complete we will write to you with our response, this will be either a final response, or an offer letter, depending on the circumstances of your complaint.
A Final Response is:
Where we believe we have fully addressed your complaint;
Notified you that you may refer the complaint to the FOS if you remain dissatisfied with our final response and that you must do so within 6 months (from the date of the final response); and
Enclosed a copy of the FOS explanatory leaflet.
An Offer letter is:
Where we consider that you are entitled to some redress, and believe that we have fully addressed your complaint. This will include a page for you to state your acceptance and return to us. We will then forward the agreed redress in a final response letter.
We will consider a complaint closed when;
We have sent you a final response; or
You have indicated in writing that you accept our offer or response; or
You fail to respond to our correspondence within 8 weeks from the date of our written response.
For your information:
The FCA require our clients, where applicable, to report, on a six monthly basis, the number and type of complaints that we have received and when these complaints have been closed. The reporting periods are 1 April to 30 September and 1 October to 31 March.
For further information on the Code of Practice as stated by the Credit Service Association (CSA) please visit www.csa-uk.com
The Credit Service Association (CSA) Code of Practice is available in this .pdf document (44kB).