What Next?

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If an insurer or warranty company rejects your complaint, or their response isn’t good enough, you have further options. Here’s what you can do once you’ve made a complaint.

[Haven’t yet made a complaint? We’ve got you covered – click here]

 

 

1. Wait for a response

Warranty providers and insurers have 45 days to provide a final response. If you’re unhappy with the response or you don’t get a response in 45 days, go to step two. Just because they say ‘no’ or don’t reply doesn’t mean you should give up.

Insurers have responsibilities under the General Insurance Code of Practice. Learn more about their obligations to you here.

2. Take the complaint further

Warranty, insurance and finance providers must have an independent complaints body for you to complain to.

Complaints against warranty providers and insurers should go to Financial Ombudsman Service (FOS).

Complaints about finance providers should go to either FOS or the Credit and Investments Ombudsman (CIO).

FOS and CIO provide free services to Australians who’ve not been able to resolve problems with their members.

For complaints against a car dealer, you will generally need to complain to a tribunal like the Victorian Civil and Administrative Tribunal (VCAT).

Remember…

  • Send the complaints body all relevant documents you have, including your complaint letter.

What else can I do?

Complain to regulators and your local MP

Regulators are like the industry “police”. Complaining to regulators is important because:

  • It helps them keep up to date with problems
  • It can help them take action to stop unfair businesses. If nobody complains, there’s no evidence the businesses are behaving badly
  • If the regulators get lots of complaints, they’re more likely to do something about it

If you want to let a regulator know about your problem you can send a complaint to the Australian Securities and Investments  Commission (ASIC) here.

Be aware that ASIC can’t help you resolve your individual complaint. However, they may take legal action against the business to protect the community.

Write to your local MP to let them know about the problem. If the businesses won’t stop selling junk, and the regulators won’t stop them then your MP should stand up for your rights.

This fact sheet is for information purposes only and should not be relied upon as legal advice and was updated on February 3, 2016.