Client Care & Complaints Management

Complaints Procedures

1. Our procedures for dealing with complaints are intended, whenever practicable, to speedily resolve any causes of concern or dissatisfaction as soon as they arise. By responding to complaints in a fair and professional manner, we may succeed in preserve a reasonable client’s goodwill and favourable opinion. This is not to say that complaints are always well-founded, or that we must acquiesce to a client’s demands; simply that we must respond in a sympathetic and professional manner to expressions of concern, investigate the facts and, where they are substantiated to any degree, offer appropriate redress or compensation.

2. These procedures are published to all members of staff, and, through Exempted Introducers with whom we have agreements, to the staff of Introducing persons and organisations, and govern their conduct as well as our own. They do not govern the firms of solicitors whom we instruct. They are regulated by the Solicitors Regulation Authority, and have their own mandatory complaints procedures.

3. These procedures aim to ensure that:-

• The client receives a prompt response to expressions of concern.
• Further, the client feels that we are dealing with their concerns in a professional and objective manner, and that they are taken seriously.
• The issues raised are properly investigated.
• We report fairly on the outcome of those investigations within a reasonable and stated period of time.
• We act with integrity when those concerns are substantiated to any degree and admit what has gone wrong, and offer fair and appropriate solutions and redress.

4. All expressions of dissatisfaction or concern should be treated per se as a potential complaint even if, at first sight, they appear ill-founded or based upon, for example, an unrealistic expectation of what we can do. This includes concerns which are raised during telephone calls or meetings, and are not limited to formal letters of complaint. Indeed a written complaint may occupy only a paragraph or two of a letter dealing primarily with other matters. We do not ordinarily entertain complaints which are made more than 6 months after the cause of the complaint has arisen and the client should have reasonably been aware during that period of the cause of complaint.

5. The Operations Manager, Mr Philip Gibson, who maintains records of all complaints, must be immediately notified, even if the complaint appears to have been resolved to the client's satisfaction. The purpose of this is not to castigate or count black marks against individuals but to ensure that the complaint has been properly dealt with. Failure to report, of itself, is a serious disciplinary offence/ or breach of contract as may be applicable. All copies of relevant and/ or subsequent correspondence must be supplied to him. Where the complaint directly concerns the conduct of the Operations Manager, the matter will be referred to the Managing Director and these procedures will apply under their investigation,

6. The Operations Manager retains records of all complaints received, and their investigation and settlement, which are retained for six years. These are periodically reviewed by the Company to ascertain and improve client relations. Individual complaints files are further maintained in respect of each complaint, comprising of the Complaints Report and all attendance notes and copies of correspondence.

7. Our Complaints Procedure ordinarily requests that the Client expresses their concerns in writing at this stage, although telephone calls or complaints in person are not to be discouraged. It is often easier for clients to articulate their concerns in writing, and this gives us a clearer idea of the issues raised which require further investigation. However we need to be mindful of the fact that some clients do not have the necessary written skills to express their concerns, which does not make them any less legitimate.

8. The Operations Manager will send a letter to the client acknowledging their complaint, ordinarily within 5 working days of receipt of the complaint unless they have been absent from the office, which must be explained to the client. The letter of acknowledgement will simply confirm that the matter is being investigated and by whom and their status, and what next step(s) will be taken, and when the client is likely to be hearing from us. A copy of this procedure must be enclosed for the client's information.

9. The Operations Manager will carry out a formal investigation of the complaint, which depending upon its seriousness, may involve discussing the matter with the Investigator concerned or other members of staff or persons outside of the Company whose knowledge or understanding of the matter may have a bearing on the investigation. Unless the complaint is of a fairly trivial nature, he would ordinarily call for and review the client’s file and papers, and the Investigator must ensure that these are delivered upon request.

10. He may consider it appropriate, during the course of his investigations, to invite the client for a personal interview, in order to clarify any matters or simply to re-establish the client’s goodwill. The client will ordinarily be invited for interview in the letter of acknowledgement.

11. Upon conclusion of the investigation, the Operations Manager will ordinarily inform the member of staff of the outcome as a matter of courtesy, and immediately write to the client informing them of his findings, and inviting their response.

12. Where the complaint is substantiated to any degree by the findings of the investigation, the letter will offer appropriate redress. This may include an offer of appropriate compensation but only where the client has suffered substantiated losses, or proven anxiety or distress in consequence of the findings. Ordinarily offers of redress are restricted to a refund or cancellation of management fees, undertaking additional agreed work, or an acknowledgement and apology.

13. Where the findings are substantiated to any degree but the fault appears to lie solely with the firm of solicitors instructed, the client will be advised to contact the firm and that the complaint is more properly dealt with under that firm's complaints procedures.

14. The Operations Manager will ordinarily write to the Client within 4 weeks of receipt of the complaint confirming the Company's response and offering appropriate redress.

15. Where, for whatever reason, investigations cannot be reasonably concluded within that period, the Operations Manager will notify the client in writing, stating the reasons for any delay and why we are not in a position to respond fully, and stating when we will be in a position to do so.

16. Except in extenuating circumstances, a final response must be sent to the Client within 8 weeks of receipt of the complaint.

17. If, for whatever reason, which must be significant, we are unable to respond within that extended period, the client must be notified in writing of the reasons, when we hope to be in a position to complete investigations, and inform them of their right to complain to the Claims Management Regulator if they are dissatisfied with the reasons for any delay.

18. All letters of final response and any letters published in furtherance of paragraph 17 above, must include contact details of the Claims Management Regulator, including reference to their address (postal and e-mail) and telephone number.

19. The Operations Manager may elect to contact the Claims Management Regulator at an earlier stage where it is felt their assistance may be helpful in settling the matter, although there is no obligation on us to do so.