Complaints Policy & Procedure

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This policy is effective from 22nd August 2012
Policy last updated 4th July 2016 (Complaints Officer)

Complaints Officer Contact Details

Name:            James Falla
Telephone:    01753 862210
Address:        116, Springfield Road, Windsor, Berkshire. SL4 3PS
E-mail:           james.falla@wilmott-turner.co.uk

1. Our Complaints Policy

Wilmot Turner Financial Services (Wilmott Turner) treats all complaints very seriously. We will used data about complaints and how they are handled as a key measure of how successful we are at achieving our overarching goals of Treating Customers Fairly and conducting our business with integrity, due skill, care and diligence.

We regard any expression of dissatisfaction from or on behalf of any of our customers to be a complaint. This is irrespective of whether it is made orally or in writing or whether it is justified or not. Our objective in relation to complaints is twofold:

1. All complaints will be investigated in accordance with our Complaints Procedure and that the appropriate resolution will be achieved for the customer. We will ensure there are no barriers which prevent customers making complaints or to which such complaints are investigated and resolved.

2. The reason for any complaint will be identified through a robust root course analysis. The appropriate measures will then implemented to prevent a re-occurrence of the cause of the complaint.

2. How you can make a Complaint

You can make a complaint in person, by telephone, by e-mail, or by letter to any member of Wilmott Turner staff or directly to the Complaints Officer (detailed below). Obstacles will not be put in your way by insisting that your complaint be put in writing or that a particular form should be used.

Complaints Officer Contact Details

Name:               James Falla
Telephone:        01753 862210
Address:           116, Springfield Road, Windsor, Berkshire. SL4 3PS
E-mail:              james.falla@wilmott-turner.co.uk

3. How do we define a Complaint?

Our definition of a complaint is any expression of dissatisfaction from or on behalf of a customer whether oral, electronic or written which:

(a)   Relates to an alleged incident which took place within 6 years from the date of the complaint or 3 years from the date on which the complainant became aware (or ought reasonable to have become aware) that he had cause for complaint
(b) Alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience; and
(c)  Relates to an activity of Wilmott Turner, or of any other Provider with whom Wilmott Turner has some connection in marketing or providing financial services or products which come under the jurisdiction of the Financial Ombudsman Service.

If there is any allegation of financial loss or material distress or material inconvenience then the complaint will always be treated as an ‘eligible’ complaint and dealt with in line with the regulatory rules that apply.

For the avoidance of doubt Wilmott Turner must apply formal complaints rules to the following type of complaints:

• An expression of dissatisfaction from an eligible complainant (see “4” below)
• Relating to a regulated service provided by Wilmott Turner
• Involving an allegation that the complainant has or may suffer financial loss, material distress or material inconvenience.

4. Who can make a complaint (Eligible Complainant)?

We will apply the same Complaints Procedure to anyone who makes a complaint about our services, a member or our staff or a third party Provider who has been introduced by us.

Nevertheless we recognise eligible complainants are defined legally as those with potential entitlement to claim against the firm whereby they believe they have suffered a financial loss due to poor advice or service. The legal definitions are:

• Private Individuals
• Professional clients and eligible counterparties, where the person is an individual acting for purposes outside his trade, business, craft or profession.
• Companies within the EU definition of a microenterprise
• Charities with an income of under £1,000,000
• Trustees of a trust with assets of under £1,000,000

5. What we do when we receive a Complaint

On receipt of a complaint from any source the details are passed to our Complaints Officer (see section 2 above) for acknowledgement, further investigation and resolution. The complaint is entered onto our complaints register and copies of any documents kept in a complaints file.

5.1    Complaints Resolved within 3 Business Days of Receipt

On receipt of a complaint if we believe the complaint has been resolved to the Complainant’s satisfaction within 3 business days we will send the Complainant a ‘Summary Resolution Communication’.

The Summary Resolution Communication will be in the form of a letter and consist of the following:

• A summary of the complaint, our resolution and that we now consider the complaint to have been resolved to the Complainant’s satisfaction.
• Confirmation that if the Complainant subsequently decides that they are not satisfied with the resolution of the complaint they may be able to refer it back to us for further consideration or alternatively refer the complaint to the Financial Ombudsman Service. However this will normally only possible the complainant decides to escalate the complaint within 6 months of the date of the Summary Resolution Communication letter).
• An indication as to whether or not we consent to waive the relevant 6 month time limit in this particular complaint.
• Contact details of the Financial ombudsman Service including website address.
• Reference to the fact that there is further information about how to escalate a complaint on the website of the Financial Ombudsman

In addition to sending the Complainant a Summary Resolution Communication we may also use other methods to communicate the information where:

• We consider that doing so may better meet the complainants needs
• We have already been using another method to communicate about the complaint (e.g. email)

Note: An additional Final Response Letter (see 5.2.4) will not be sent to the complainant where the complaint is Resolved within 3 Business Days of Receipt

5.2    Complaints which take longer than 3 Business Days to Resolve

On receipt of a complaint if we believe that it cannot be resolved within 3 business days we will acknowledge it by within 5 business days of receiving the original complaint.

If we receive an oral complaint the matter complained of will be referred to in our letter of acknowledgement together with details of our understanding of the complaint for the complainant to confirm the accuracy of this.

A copy of our complaints policy and details of the Financial Ombudsman Service will also be sent with this initial letter. This letter may contain our Final Response where appropriate (see 5.2.4)

5.2.1 Review of the Complaint

The Complaints Officer will review the details surrounding the matter complained about and will examine the file and any other relevant information.

5.2.2 Within 4 Weeks of receiving the initial Complaint

The Complaints Officer will endeavour to complete his or her investigation as quickly as possible. In any event within 4 weeks of receiving the initial complaint the Complaints Officer will contact the complainant either in writing with either a Final Response (see section 6) or an explanation of why further investigation is necessary.

5.2.3 Within 8 Weeks of receiving the initial Complaint

Within eight weeks of receiving the initial complaint the Complaints Officer will contact the complainant again by letter. This will be in the form of either a Final Response (see section 5.2.4) or in exceptional circumstances where extensive further investigations are necessary a full explanation:

1) Setting out why the matter is still unresolved.
2) Giving a full summary of our investigation to date and explaining why we have not been able to conclude the matter.
3) Indicating when we expect to be able to give you a final response.
4) Explaining that you may refer the handling of the complaint to the Financial Ombudsman if you are unhappy with the delay.

5.2.4. Final Response

Once the investigation is completed then our Complaints Officer will send you a Final Response by letter with their appraisal of the matter and outlining our offer to settle the matter if appropriate.

The letter will detail whether we

1) Have accepted the complaint – and where appropriate are offering compensation or
2) are offering compensation without accepting the complaint
3) reject the complaint

If having written to you with a Final Response letter you do not respond within 8 weeks we will treat the matter as closed.

Note: If you are not satisfied you can still escalate your complaint to the Financial Ombudsman Service (FOS) free of charge. You must do this within 6 months (see section 7).

6. Settlement

Any settlement we offer to resolve the complaint must be a fair offer taking all the facts into account. A settlement may include:

– A written apology
– An offer to put the thing complained about right
– Financial compensation

7. Financial Ombudsman Service

If you are not satisfied after receiving the Final Response from us then you have the right to make a complaint to the Financial Ombudsman Service. You must do this within 6 months of the date of the Final Response letter.

Wilmott Turner will co-operate fully with the Ombudsman in resolving any complaints made against it and agrees to be bound by any awards made by the Ombudsman. Wilmott Turner undertakes to pay promptly any fees levied by the Ombudsman.

You can contact the Financial Ombudsman in the following ways:

Post:          Financial Ombudsman Service, Exchange Tower, London. E14 9SR
Website:    http://www.financial-ombudsman.org.uk/consumer/complaints.htm
Phone:       Consumer Helpline (Mon-Fri 8am to 8pm & Sat 9am to 1pm)
0800 023 4 567
0300 123 9 123 (Charged as per your standard mobile tariff)
E-Mail:      complaint.info@financial-ombudsman.org.uk