My complaint -
is lodged against my own Bank
was formally lodged with the bank's complaints department and not resolved
involves the service, advice and/or products rendered, given and/or provided by
my Bank
does not involve a claim
of more than R1 000 000 (approximate amount in Rands
)
originated within the past three years
has caused me loss and/or considerable distress and inconvenience
is not the subject of any legal proceedings
has not yet been dealt with by a dispute-resolving body/arbitration
(Please select
to verify)
If the complainant is a company (partnership, company, close corporation,
trust or association) -
I hereby
confirm that the annual turnover of the company that I represent is less than R5 m (If turnover exceeds R5 m - sorry, we
cannot help you, we can only accept complaints from businesses with a turnover of less than R5 m.)
General Information
a)
The OBS offers a service to bank clients to try and resolve their complaints
through informal processes such as mediation or the making of recommendations. This service, however, is not the same as
that rendered by an attorney and the OBS does not provide legal advice. You therefore cannot hold the OBS or any of the
staff members liable for any loss or damage whether contractual, owing to a delict or any other nature that you may suffer
as a result of the OBS accepting and dealing with your complaint.
b)
We evaluate complaints objectively and impartially - we are not consumer
advocates.
c)
The service provided to clients by the office is free: no charge can be claimed
from you for this service nor can anyone charge a fee for supplying you with an application form. It is not necessary to
consult any professional person or body as the OBS will guide you through all the procedures.
d)
Once receiving your application we will assess it to confirm that we have
jurisdiction. If you have attached the bank's written response to your complaint we may be able to inform you immediately
whether there is a reasonable prospect of us being able to assist you. In the absence of a letter from the bank we will send
your application to the bank for a response and give it 15 working days to reply (subject to possible requests for
extensions). After receiving the bank's response we will assess the evidence to determine whether we need to investigate
further or whether the file will be closed. You will be granted an opportunity to make submissions throughout the process.
e)
You are entitled to withdraw your complaint or to institute legal action at any
time while your complaint is being investigated by the OBS. If you were to make such a decision, please inform the OBS
thereof in writing so that we can close the file.
f)
If, as a result of lodging this complaint with the OBS, you were to accept an
amount of money from the Bank in settlement of your claim, you will have no right to claim further amounts from the Bank in
respect of the complaint. The amount accepted by you would be in full and final settlement of your claim.
g)
The OBS may dismiss your complaint if you fail to provide information when
requested, fail to reply to letters from the office within a reasonable time or if you are vexatious, abusive or insulting
when communicating with the OBS.
h)
The process of investigating your complaint may take some time depending on its
complexity and other factors. The majority of files are closed within two months but some may take much longer. The OBS will
inform you in writing of the progress of your complaint. Please do not phone staff members to determine the progress -
rather write to us if necessary.
i)
During or after the investigation of your complaint, it may emerge that the
matter is very complicated, involving many complex legal issues or requires oral evidence by witnesses. In such a case we
will inform you as soon as possible and refer you to a more appropriate forum such as a court of law.
j)
You may be legally obliged to continue making payments on any debt owed to the
Bank. The OBS generally recommends that you continue paying the debt even if the OBS is investigating your complaint. Rather
seek independent legal advice before stopping such payments.
k)
The acceptance of your complaint by the OBS does not mean that any pending legal
action against you is automatically suspended.
l)
Do not publish any of the details of your complaint in any form of media after
the OBS has accepted it. This does not promote the resolution of a dispute by informal means. The Ombudsman may, in his sole
discretion, decline to continue any investigation if, in his opinion, such publication were detrimental to the investigation
in any way.
m)
Your complaint and the documents you submit to the OBS are deemed confidential.
The same applies to the documents sent by the bank. The OBS has the right to decide which of the documents received to
disclose to the Bank and to you. Should you submit a document that you do not want the Bank to see, please mark it
"CONFIDENTIAL".
n)
Should your complaint become the subject of a court case or any other
dispute-resolving process, you or your legal representative cannot subpoena the documents in your file or the Ombudsman or
any member of his staff. You or your representative cannot order that any of these documents be discovered in terms of any
rules of court.
o)
By submitting this form you authorise your Bank to disclose any information it
may have that the OBS may require to investigate your complaint.
By submitting this form, I hereby agree that my complaint be dealt with by the Ombudsman on the above terms and
conditions (as referred to above and as contained in the Terms of Reference). The information provided by me in this form
is, to the best of my knowledge, true and correct. I understand that the submission of a false claim may constitute the
crime of fraud.