This policy has been created by J2P Autos Limited (“J2P”) to document our approach to responding to and resolving complaints.
The rules setting out how firms should deal with customer complaints promptly and fairly are set out in the Financial Conduct Authority’s (FCA) complaints handling rules (DISP) in the FCA Handbook. This policy aims to follow DISP rules and guidance and sets out how J2P identify, handle, manage, record and report customer complaints.
J2P is committed to the principles within the FCA Handbook, and places particular emphasis on the principle that a firm 'must pay due regard to the interests of its customers and treat them fairly'. Treating Customers Fairly (“TCF”) is at the core of our business model and is integral to all of our policies and procedures.
All staff receive training at the start of their employment and during their time with J2P. The importance of adhering to compliance related policies, processes and instructions is reinforced by specific inclusion in staff disciplinary procedures and in staff development reviews under the SMCR.
This policy concerns to all complaints received by J2P, whether received directly from the customer or from an authorised third-party. It applies to all directors, employees and contracted consultants and agents involved in handling of customer complaints. In the event that any in-scope business functions or services are outsourced to a third party, that third party must comply with this policy (and any associated procedures).
Any queries regarding the application of this policy should be referred to the owner of this policy as set out below.
All Staff are required to strictly adhere to the rules outlined herein as a means of reducing risk. Any failure to comply with this policy, including any associated procedure will be investigated and may lead to disciplinary action being taken. Refer to disciplinary action, grievances and appeals procedures for further information.
Julian Goldie is the director responsible for this policy and for the strategies employed when handling customer complaints. Where appropriate, external compliance advice may be sought. Decisions to amend this policy including rationale will be documented accordingly.
Jeremy Hilburn is responsible for the execution of handling complaints in accordance with this policy.
J2P maintains a complaints log to record all complaints received, including but not limited to the:
- Reason for the complaint
- Category of complaint
- Date received
- Complaint handler
- Date resolved
- Complaint outcome.
Each individual complaint is assigned its own unique reference number so it can be tracked as open, closed, referred to FOS.
Periodic audits of the complaints are undertaken by senior staff and reported to the board. The board will assess the outcomes and results of such oversight and adjust strategies accordingly.
A “complaint” is defined in the Glossary of the FCA Handbook as any oral or written expression of dissatisfaction, whether justified or not, from, or on behalf of, a person about the provision of, or failure to provide, a financial service which:
- Alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience; and
- Relates to an activity of that respondent, or of any other respondent with whom that respondent has some connection in marketing or providing financial services or products, which comes under the jurisdiction of the Financial Ombudsman Service (FOS).
In cases where J2P are clear it is not a “complaint” as defined above, but in fact a query from an unhappy customer which requires clarification or answering, it will be treated in accordance with our feedback procedures.
High-level Policy Objectives
J2P will ensure:
- J2P will treat all customers fairly, including those who make a complaint to us.
- J2P will ensure that customers do not face unreasonable barriers to make a complaint.
- J2P will deal with complaints systematically and fairly.
- J2P will ensure customers are aware of our complaint procedure.
- J2P will use complaint information to improve standards where appropriate.
- J2P will endeavour to deliver good customer outcomes through complaint handling procedures.
- J2P will ensure that J2P have effective procedures for the reasonable and prompt handling of complaints.
- As part of those procedures, J2P will ensure that a complaint may be made free of charge.
- J2P apply a logic of ‘day one’ being the day following receipt of a complaint.
J2P will take reasonable steps to ensure our customers are aware of how to make a complaint, the complaint process and what to do if they remain dissatisfied after they have received an outcome.
J2P will ensure information J2P provide to consumers regarding complaints is clear, comprehensible and easily accessible.
Our complaint handling procedures set out how J2P fulfil our obligation to handle and seek to resolve relevant complaints and the Financial Ombudsman Referral rights.
These complaint handling procedures are available on our website www.loanonyourcar.co.uk. They are also included within the pre-contractual loan documentation provided to customers when they apply for credit.
J2P will provide information about our complaint procedures upon request at any time and also to all customers when acknowledging a complaint.
Vulnerable Customers who Complain
J2P must pay regard to our separate Vulnerable Customer Policy when dealing with and communicating with customers who are known to be vulnerable.
When handling complaints involving customers in vulnerable situations, J2P will consider their individual needs and circumstances, including but not limited to:
- If the vulnerability is a factor in their complaint; and/or
- If J2P need to respond differently due to their vulnerability.
When investigating a customer’s complaint, J2P will apply the following principles:
- Act promptly, fairly, impartially and diligently;
- Refer to relevant company policies and, where necessary, relevant subject matter experts before responding to the customer;
- Explain the response in a way that is fair, clear and not misleading;
- Pay due regard to each element or issue raised by the customer in their complaint;
- Consider previous complaints (including FOS adjudications) where similarities are evident;
- Refer to guidance issued by the FCA;
- Balance the rights and obligations of our company alongside what is fair and reasonable in all circumstances;
- Consider whether the complaint should be upheld and whether an offer of redress or remedial action is appropriate; and
- Ensure any agreed offer of redress or remedial action is completed promptly.
In all cases where J2P are able to do so, J2P will attempt to resolve the complaint by the close of the third business day. Where the complaint has been resolved by close of the third business day, J2P will provide a Summary Resolution Communication will be provided to a customer in accordance with DISP 1.5.
Where a complaint has not been resolved within three business days J2P will, within five business days of receipt, either:
- Issue our written acknowledgement including a summary of our Internal Complaints Procedure (“ICP”); or
- Issue our written acknowledgement and Final Response Letter (“FRL”) including a summary of our ICP and the FOS’s standard explanatory leaflet.
J2P will keep customers informed of the progress of the measures being taken for the investigation into their complaint.
J2P will issue an FRL within eight weeks of receipt of the customer complaint (unless the complaint has been resolved within three business days), which will include the FOS’s standard explanatory leaflet.
If by four weeks after receipt of the customer complaint the FRL has not yet been issued, J2P will issue a standard holding letter to the customer.
J2P’s FRL response will either:
- Uphold the complaint and, where appropriate, offer redress or remedial action and provide reasons for our decision;
- Offer redress or remedial action without upholding the complaint (for example, because j2p have decided to partially uphold the complaint) and provide reasons for our decision; or
- Reject the complaint and give reasons for doing so.
If J2P are unable to issue our FRL within eight weeks J2P will contact the complainant to explain why this is the case, advise them that they can immediately refer their complaint to the FOS and include the FOS’s standard explanatory leaflet.
Remediation, Settlements and Gestures of Goodwill
In deciding what remedy is appropriate J2P consider a number of factors. J2P generally take one or more of the following steps:
- Make an apology if J2P consider a complaint is well founded and/or if J2P are at fault.
- Take an action to address the complaint where action is required, for example implementing change practices, policies or procedures to improve these or to help avoid a reoccurrence of the same problem in the future.
- Make a redress payment where J2P uphold a complaint.
- Make a compensatory payment on an ex-gratia basis where J2P feel it is reasonable to do so, even if J2P are not at fault.
Financial Ombudsman Service
Where a complainant remains unhappy with the outcome of our investigation and final response, they may refer it to the FOS either directly or via the ODR Platform. J2P will handle complaints made to FOS in accordance with our FOS Complaint Handling Policy.
High Risk Complaints
Where J2P receive customer complaints via a third party, including, but not limited to – regulators, solicitors and firms undertaking claims management activities, these are likely to involve high risk issues to our business. In the event a customer complaint appears to present a high reputational or financial risk to J2P, this must be communicated to either of the Directors so that an appropriate response or strategy can be developed.
Forwarding a Complaint
Where J2P have reasonable grounds to be satisfied that another firm may be solely or jointly responsible for the matter alleged in a complaint, J2P will forward any relevant aspects of the complaint, in writing, to that other firm provided that J2P do so promptly and:
- Where the other firm is solely responsible, inform the complainant promptly in an FRL that the complaint has been forwarded by us to the other firm, and provide the other firm's contact details; or
- Where J2P are jointly responsible with the other firm, provide relevant details and also comply with our own obligations in respect of the aspect of the complaint for which J2P are responsible.
Dealing with a Forwarded Complaint
If and when J2P receive a complaint that has been forwarded to us from another firm under DISP 1.7.1, J2P must treat the complaint as if it were made directly to us, and as if it were received by us at the time when the forwarded complaint is received by us from the other firm. The standard time limits will apply from the date on which J2P receive the forwarded complaint.
Time Barred Complaints
J2P will normally reject a complaint irrespective of its merits if the complainant did not bring the matter to our attention within:
- Six years after the event complained of, or (if later)
- Three years from the date on which they became aware (or ought reasonably to have become aware) that they had cause for complaint.
In any event J2P will issue our FRL including the FOS’s standard explanatory leaflet explaining the complaint is time-barred and reject the complaint. J2P may, in limited individual circumstances, decide to follow a different approach if the complainant was unable to contact us within the timeframes set out above.
Root Cause Analysis
J2P will take reasonable steps to ensure that in handling complaints J2P identify and remedy any reoccurring or systemic problems, for example, by:
- Analysing the causes of individual complaints so as to identify root causes common to types of complaint;
- Considering whether such root causes may also affect other processes or products, including those not directly complained of;
- Considering outcomes; and
- Correcting, where reasonable to do so, such root causes.
J2P will also undertake periodic reviews of our policy, strategy and logic regrading complaints.
A file will be created for each complaint which will contain all communications with the customer and any third party and a copy of the FRL sent to the complainant. The record will be kept for a minimum of three years from the date the complaint was received in accordance with DISP 1.9.
Jeremy Hilburn is responsible for any obligations J2P have to report complaints data.
In accordance with our obligations set out under DISP 1.10 J2P will twice a year complete a report concerning complaints.
J2P will also publish a summary of complaints data or total number of complaints on our website, where any report that J2P make above twice a year involved 500 or more complaints. This publication will also be confirmed in writing to the FCA.
Named contact for Complaints
As a regulated firm, J2P are obliged to name a contact for complaints within our Standing Data on the FCA Register. Jeremy Hilburn is the named contact on www.register.fca.org.uk
J2P are also obliged to notify the FCA of any subsequent change in those details when convenient and, at the latest, in the firm's next report under the complaints reporting rules.
- FCA Handbook – DISP Dispute Resolution: Complaints
- The Online Dispute Resolution Regulation (Regulation (EU) No 524/2013)
- All relevant data protection legislation
- The FCA’s Principles for business (PRIN)
- The FCA’s Treating Customers Fairly (TCF)
Changes to this complaints policy