All firms regulated by the FCA are required to have a written procedure for the effective consideration and proper handling of complaints from clients, former clients, and prospective clients.
The Oberon Investments Group PLC and its regulated subsidiaries Complaint Management Policy and the accompanying procedures are detailed below. All employees are required to follow these procedures in respect of any complaints received.
The provisions of this Complaints Management Policy which have a grey background apply to complaints made by complainants who are Eligible Complainants; and so eligible to have a complaint considered under the Financial Ombudsman Service.
What is a complaint?
The FCA define a Complaint 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 or a redress determination which alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience”.
The Complaints Procedures include the following types of complaint:
- Complaints received in writing (including email) from the client or a representative of the client;
- Verbal complaints (either by telephone or in a meeting) from the client that cannot be immediately satisfied and/or where the client is clearly expecting financial settlement or compensation;
- Any other communication from another party that could be construed as a complaint.
If you are in any doubt as to whether the matter constitutes a complaint or not, please refer the matter immediately to the Compliance Officer.
Who can file a complaint?
For the purposes of the Firm’s Complaints Policy, “Person” includes a potential client and includes both Professional and Retail Clients as well as Eligible Counterparties when conducting Eligible Counterparty Business.
It is Oberon Investment Group PLC’s policy to allow complaints to be submitted free of charge.
If the complaint is received outside of the time limit for referral to the FOS, the Firm may decide to reject the complaint. In the event of rejecting the complaint, the complainant will be sent a final response explaining the Firm’s position. The time limit for a referral to the FOS is:
- more than six months after the date on which the respondent sent the complainant its final response, redress determination or summary resolution communication; or
- more than:
- six years after the event complained of; or (if later)
- three years from the date on which the complainant became aware (or ought reasonably to have become aware) that he/she had cause for complaint.