Complaints Procedure

Complaints Procedure

If you wish to submit a complaint about any aspect of your dealings with Commercial Vehicle Contracts Limited, please telephone us on 01424 863456 or write to us at the following address:

Commercial Vehicle Contracts Limited, The Landmark, 66 Sackville Road, Bexhill-on-Sea, TN39 3JD

Our procedures

Any complaint verbal or written will be referred to our complaint manager at the earliest opportunity or to a member of the senior management if the complaints manager is unavailable. We will also 
  

• Acknowledge the complaint in writing promptly
• Give details in our acknowledgement letter of the BVRLA and their Alternative Dispute Resolution service
• Give details in our acknowledgement letter of the Financial Ombudsman Service
• Make contact to seek clarification on any points where necessary
• Fully investigate the complaint
• Keep you informed of our progress
• Discuss with you our findings and proposed response in the requisite time frame

You will receive contact from us advising on progress if we cannot respond immediately. We will let you have our final response as soon as possible and not later than eight weeks following the date that all information was available to us.  

Adviser or provider

Clients are able to express dissatisfaction to their adviser about the product provider. We will need to establish whether or not your complaint relates to the advice given, the adviser service or the service or performance of the product provider. If unclear, this must not delay investigation and we will proceed with our own investigation. The complaints manager will review this matter and take the complaint to the provider if appropriate in consultation with you.   

Investigation

The complaints manager will establish the nature and scope of your complaint having due regards to the Financial Conduct Authority’s direction: 
  

• Deal with complaints promptly and fairly
• Give complainants clear replies and where appropriate, fair redress 

Eligible complainants

It is the firm’s policy to treat all complainants the same however, eligible complainants are legally defined and have additional rights in law that we must acknowledge and adhere to. 
  
Eligible complainants are those who have a potential claim against a firm based whereby it believes they have suffered a financial loss due to poor advice or service that are: 
  

• Private Individuals (consumers)
• Companies within the EU definition of a microenterprise
• Charities with revenue of under £1,000,000
• Trustees of a trust with assets of under £1,000,000

  
The Financial Conduct Authority complaints rules apply to complaints: 
  

• Made by, or on behalf of an eligible complainant
• Relating to regulated activity
• Involving an allegation that the complainant has suffered, or may suffer, financial loss, material distress or material inconvenience
• Not resolved by close of business on the day following receipt

Final response

This will set out clearly the firm’s decision and the reasons for it. If any compensation is offered then a clear method of calculation will be shown. 
  
We must include details of the BVRLA Alternative Dispute Resolution service as well as the Financial Ombudsman Service in the final response if dealing with an eligible complainant regarding a regulated activity. Therefore we will: 

• Explain that the complainant must refer the matter to the ombudsman within six months of the date of this letter or the right to use this service is lost

Analysis

A root cause analysis will be undertaken by the firm in the case of any complaint and this will be recorded with the appropriate action having been taken. 

Closing a complaint

Where the firm receives confirmation from you that you are satisfied with the findings of the investigation and any resolution, the complaint will be considered closed. 
  
Where no confirmation has been received from you within 8 weeks of the firm’s most recent letter, the complaint will also be considered closed. 
  
If the complaint remains unresolved at the end of the above process, then you are able to refer the matter to either the BVRLA or the Financial Ombudsman Service whom both offer Alternative Dispute Resolution (ADR) for unresolved or unsatisfactorily resolved complaints.
  

BVRLA – Primary dispute conciliation provider

The BVRLA is approved by Government as a Consumer ADR body under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. Unresolved disputes may be referred to the BVRLA by either the customer or the member involved, however the member cannot initiate a complaint against the customer. 
  
Details can be sent by post, e-mail or by telephone to: 

British Vehicle Rental & Leasing Association (BVRLA), River Lodge, Badminton Court, Amersham, Buckinghamshire, HP7 0DD

Tel: 01494 434747 

Email: [email protected]

What is covered under the conciliation service? 

The Conciliation Service will investigate potential breaches of the Codes of Conduct, which sets out the standards the BVRLA expects from its members. The Conciliation Service can only look at matters that relate to disputes arising from the activities of BVRLA members. 

Refunds 

Where the Conciliation Service finds in favour of the customer, we will look to ensure that any unjustified charges incorrectly raised by the member are refunded in full. The service cannot adjudicate on the quantum of the amount charged, only on whether the charge was correctly raised. 

Compensation 

The Conciliation Service does not have any jurisdiction to award compensation payments. 
  

No restriction of rights 

BVRLA members must comply with the rulings of the Conciliation Service. Use of the Conciliation Service does not restrict the rights of a complainant to pursue remedies through the courts. Customers are not obliged to retain a lawyer or legal advisor but may seek independent legal advice or be represented or assisted by a third party at any stage of the procedure. 

Financial Ombudsman Service – dispute conciliation provider

The firm must co-operate fully with the Ombudsman in resolving any complaints made against it and agrees to be bound by any awards made by the Ombudsman. 

The firm undertakes to pay promptly the fees levied by the Ombudsman. 

Address: The Financial Ombudsman Service, Exchange Tower, Harbour Exchange Square, Isle of Dogs, London E14 9SR

Tel: 0800 023 4567, 0845 080 1800, 020 7964 0500 

Email: [email protected]

General enquiry online: online enquiry form

Website: www.financial-ombudsman.org.uk