WHAT TO DO IF YOU HAVE A DISPUTE OR COMPLAINT?

We are committed to providing our customers with the best possible service. If at any time we have not met our obligations – or you have a complaint about any of our services – please inform us so we can work towards a resolution. We will endeavour to deal with your complaint promptly, thoroughly and fairly.

HOW TO MAKE A COMPLAINT AND THE COMPLAINTS PROCESS?

If you have a complaint, we request you follow these steps:

Complaints can be lodged by contacting Mark Davies, the Complaints Officer by:

1. telephoning 0481 556 100
2. e-mailing mark@drinkwelldavies.com
3. writing to PO Box 245, Doreen, VIC, 3754

or by speaking to any representative of our business who will refer complainants to the Complaints Officer.

We adopt the definition of ‘complaint’ as ‘an expression of dissatisfaction made to an organisation, related to its products or services, or the complaints handling process itself, where a response or resolution is explicitly or implicitly expected’. This means we will treat informal complaints seriously and refer them to IDR unless they are resolved by the end of the next business day.

Any complaint which is resolved to the customer’s satisfaction by the end of the next business day (starting from when the complaint was received) will not require the full IDR process to be applied. There is no need to capture and record the complaint or respond as set out below.

Investigating complaints

The Complaints Officer will review the complaint carefully and promptly, taking such steps and reviewing such documents as a reasonable person would do.

Responding to complaints within appropriate time limits and referring unresolved complaints to an External Dispute Resolution (EDR) scheme

The Complaints Officer will provide a written ‘final response’ to the complainant within 45 days (21 days where the complaint relates to default), which states:

  • The final outcome of the dispute at the Internal Dispute Resolution (IDR)
  • The right to take their dispute to EDR (no matter what the result of the investigation was at IDR)
  • The name and contact details of my EDR scheme.
  • If the Complaints Officer is unable to give a final response within the specified period, the Complaints Officer will, before the end of the period:
    • inform the complainant of the reasons for the delay
    • advise the complainant of their right to complain to EDR
    • provide the complainant with the name and contact details of his EDR scheme.

The NCC allows credit providers 21 days to consider hardship and postponement applications. At the end of that period, if there is no agreement, there will be no further time to handle the dispute at IDR, and the complainant must be referred to EDR. When deciding about hardship or postponement applications, the Complaints Officer will give EDR contact details when:

  • advising whether the claim has been agreed to; or
  • The notification of variation to the credit contract is given within 30 days after the variation is agreed.

The complainant can go direct to EDR regarding disputes involving hardship or postponement which also involve issues with default notices.

Legal proceedings

Unless the statute of limitations is about to expire, legal proceedings will not be commenced or continued nor will any other enforcement action be taken during the IDR period and for at least 14 days from giving a final response.

If the complaint discloses a systemic issue, we will take immediate steps to ensure the issue is addressed.

The types of remedies available for resolving complaints or disputes

If a complaint is justified, the Complaints Officer will recommend a solution comprising one or more of the following:

  • An apology
  • Compensation
  • Vary contractual obligations
  • A free service.

Internal structures and reporting requirements.

We will do our best to consider complaints fairly and equally. If we are unable to do so we will consider seeking outside assistance to resolve the dispute. We will review these procedures at least annually.

Guiding Principles

  1. Visibility – We will take reasonable steps to ensure customers know about the existence of our IDR procedures and how to make a complaint or apply for hardship or postponement. This information will be readily available, not just at the time a consumer wishes to make a complaint or dispute. All staff who deal with customers, not just complaints or disputes handling staff only, should have an understanding of my IDR procedures.
  2. Objectivity – We will address each complaint in an equitable and objective manner. Where possible, the complaint should be investigated by staff not involved in the subject matter of the complaint.
  3. Charges – The IDR procedures are free of charge.
  4. Confidentiality – We will keep information confidential.
  5. Customer focused approach – We will be helpful, user friendly and communicate in plain English, showing our commitment to resolving complaints.
  6. Commitment – We are actively committed to efficient complaint handling.
  7. Analysis and Evaluation of Complaints – All complaints will be classified and then analysed toidentify systemic recurring and single incident problems and trends.

THIRD PARTY PRODUCTS OR SERVICES

If your complaint relates to a product or service acquired through a third party (for example, a lender) we may ask you to contract the relevant third party. They will deal with your complaint under their complaints resolution process.

If you are not satisfied with the resolution of your complaint by the third party under their complaints resolution process, you are entitled to have your dispute considered by their External Dispute Resolution Scheme. Please contact the third party for further details.

KEEPING YOU INFORMED

We will, as set out above, keep you informed of the progress of the investigation of any complaint.

STILL NOT SATISFIED?

If you do not think we have resolved your complaint to your satisfaction, you may take the matter – free of charge – to the relevant External Disputes Resolution Scheme (provided it is within the scheme’s terms of reference) as detailed below. You may also refer the matter to the relevant External Disputes Resolution Scheme at any time, but if our internal process is still in progress, they may request that our internal processes be complete before considering the matter further.

Our external dispute resolution service provider is the Australian Financial Complaints Authority (AFCA).

  • Telephone: 1800 931 678
  • Online complaint form: www.afca.org.au/make-a-complaint/
  • Website: www.afca.org.au
  • Mail: Australian Financial Complaints Authority GPO Box 3, Melbourne, VIC, 3001
  • Fax: 03 9613 6399