CRED 17.4 Internal complaint handling procedures: additional requirements

The additional requirements in CRED 17.5 - CRED 17.7 (on time-limits, record-keeping; reporting and cooperation with Ombudsman) do not apply:

1. (1)

   where the credit union has taken reasonable steps to determine, and has determined, that the complaint:

   1. (a)

      is not made by, or on behalf of, an eligible complainant; or

   2. (b)

      does not relate to an activity of that credit union(or of any other firm with whom that credit union has some connection in marketing financial services) 1which comes under the jurisdiction of the Financial Ombudsman Service; or

   3. (c)

      does not involve an allegation that the complainant has suffered, or may suffer, financial loss, material distress or material inconvenience; or

2. (2)

   where the complaint has been resolved by close of business on the business day following receipt.

1. (1)

   1A credit union which has reasonable grounds to be satisfied that another firm may be solely responsible for the fault alleged in a complaint may refer the complaint to that other firm but if it does so it must:

   1. (a)

      refer the complaint promptly and in any event within five business days of the date on which it became satisfied that such other firm may be responsible for the subject matter of the complaint;

   2. (b)

      make the referral using a durable medium; and

   3. (c)

      inform the complainant of the referral by way of a final response and include the other firm's contact details.

2. (2)

   A credit union which has reasonable grounds to be satisfied that another firm may be jointly responsible for the fault alleged in a complaint, may refer the complaint to that other firm but if it does so it must:

   1. (a)

      refer the complaint promptly and in any event within five business days of the date on which it became satisfied that such other firm may be jointly responsible for the subject matter of the complaint;

   2. (b)

      make the referral using a durable medium;

   3. (c)

      at the same time inform the complainant of the referral and include the other firm's contact details; and

   4. (d)

      comply with the obligations in CRED as to the investigation of that part of the complaint that is the credit union's responsibility and, as soon as possible, inform the complainant of the outcome by a final response.

1When a firm receives a complaint referred to it under CRED 17.4.4 R, the complaint is treated for the purposes of CRED as if made directly to that firm, and as if received by it when the referral was received.