FOS takes long view on banking disputes
Disputes over financial products handled by the Financial Ombudsman Service trebled over the ten years to 2016/17, with a near 20 per cent rise in the number of disputes, the FOS has outlined its submission to the Royal Commission into misconduct in banking.The submission, the FOS said, highlights "the systemic issues and misconduct FOS has dealt with since 1 January 2008 under our obligations as an ASIC approved External Disputes Resolution scheme." There are 52 "serious misconduct issues" across the ten year horizon of interest to the commission. Eight relate to credit, two to deposit taking and 42 in the arena of "investments and advice."Nineteen of these "serious" issues were recorded over the three years to 2017/18, with 25 congregated in the two years prior to that."Outcomes from our systemic issues investigations," the FOS said, "include, among others, monetary refunds, removal or amendment of incorrect credit listings, improvements to processes and procedures, better communications and disclosure to customers, improved staff training, rectification of system errors and declined claims reconsidered."It noted that "not all systemic issues result in monetary outcomes. "Over the past ten years over a million customers have received some form of corrective action. In one matter, the outcome was a refund totalling A$37 million paid to 350,000 customers."In its submission the FOS meditated on reform topics.It argued: "The current regulatory regime has a patchwork of obligations that seek to express in various ways the outcome of 'fair treatment' of consumers depending on the specific regulated activity or entity. "We propose there would be benefits in having a common standard of fair treatment across all appropriate financial sector activities that takes into account community standards and expectations. "We draw the Commission's attention … the importance of quickly moving on a compensation scheme of last resort, supporting organisations that assist disadvantaged and vulnerable consumers, and the need to better regulate debt management companies."