Ombudsman calls for better dispute resolution
The Credit Ombudsman Service has called on its members to do more to publicise their internal dispute resolution services, after finding that almost half the complaints it receives from consumers have not been through an initial IDR process.In a note to members issued this week, the Ombudsman said consumers reported that they were not able to locate the complaints service within their financial institutions and that their "expressions of dissatisfaction" were not treated as complaints. In other cases, consumers were frustrated by delays or a lack of response.The Ombudsman also found that financial institutions were not following correct procedures. In about 75 per cent of the financial hardship cases that come to the Ombudsman the lender has already started enforcement action. The Ombudsman facilitates a conciliated outcome in half these cases."This suggests that enforcement action is being commenced in circumstances where a mutually acceptable resolution can be readily achieved," the Ombudsman said."The lender has a positive obligation to consider whether a payment variation is appropriate as soon as it becomes aware that the borrower is or may be in financial difficulties."In other words, the obligation arises irrespective of whether the lender is informed by the borrower that he or she is or may be in financial difficulty. There is no express requirement for the borrower to spell out that he or she is experiencing financial difficulty."The Ombudsman said financial institutions should let borrowers know when a decision on a complaint or hardship application would be made. It said too many disputes ended up being referred to it because consumers felt they were being kept in the dark.