Name: Sharon Kirk
Telephone: 01636 556 858
Address: Unit 3 Northgate Terrace, Northern Road, Newark, Nottinghamshire. NG24 2EU
We aim to provide a very high standard of service to every client. It is important to us that all complaints are resolved as quickly as possible and to the complete satisfaction of our clients.
Any complaint verbal or written will be referred to our Complaints Officer at the earliest opportunity or to a member of the senior management if the Complaints Officer is unavailable. Our Complaints Officer is responsible for ensuring that we thoroughly investigate any complaints.
Adviser, Provider or Quality of Goods
Clients often express dissatisfaction to their adviser about the product provider, or the quality of the goods. We will need to establish whether or not your complaint relates to the advice given, the advisers service, the service or performance of the product provider, or the quality of the goods. If unclear, this must not delay investigation and we will proceed with our own investigation.
If the complaint is about another party, we will refer details of the complaint to the third party and confirm this course of action to you in writing.
The Complaints Officer will establish the nature and scope of your complaint having due regards to the Financial Conduct Authority’s direction:
Complaints that can be settled to your satisfaction within 3 business days can be recorded and communicated via an informal process.
If a solution to your complaint is proposed and you indicate your acceptance, we will promptly send you a ‘Summary Resolution Communication’, being a written communication from us which:
(1) refers to the fact that you have made a complaint and informs you that we now consider the complaint to have been resolved to your satisfaction;
(2) We will tell you that if you subsequently decide that you are dissatisfied with the resolution of the complaint you may be able to refer the complaint back to us for further consideration or alternatively refer the complaint to the Financial Ombudsman Service;
In addition to sending you a Summary Resolution Communication, we may also use other methods to communicate the information where:
(1) We consider that doing so may better meet your needs; or
(2) We have already been using another method to communicate about the complaint.
Where the Complaints Officer judges that your complaint cannot be resolved within three business days, or they were unable to resolve your complaint in this period, the formal FCA complaints procedure will be followed. This process requires that we:
Our final response letter will set out clearly our decision and the reasons for it. If any financial redress is offered, a clear method of calculation will be shown, and it will be paid promptly and in full.
We will include details of the Financial Ombudsman Service (FOS) in our final response. If you are not satisfied with the outcome, you may be eligible to refer your complaint to FOS. You must refer the matter to FOS within six months of the date of this letter or the right to use this service is lost.
While we would always aim to complete an investigation within eight weeks, if, for any reason, our investigation is not concluded within this period, our Complaints Officer will write to the complainant again. We will inform him/her of the reasons for the further delay and advise that if he/she is not satisfied with our progress he/she may be entitled to refer the complaint to the Financial Ombudsman Service.
Where we receive confirmation from you that you are satisfied with the findings of the investigation and any resolution we have proposed, your complaint will be considered closed.
Where no confirmation has been received from you within four weeks of our final response letter, your complaint may also be considered closed.
It is our policy to treat all customers the same, however, only eligible complainants may refer their complaint onto the Financial Ombudsman Service (FOS). Eligible complainants are legally defined and have additional rights in law that we must acknowledge and adhere to.
Eligible complainants are:
The Financial Conduct Authority complaints rules apply to complaints:
We will co-operate fully, at all times, with FOS in resolving any complaints made against us and agree to be bound by any awards made by FOS.
Motorfinity Leasing are an approved member of the BVRLA. 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.
BVRLA operates a consumer advice page with a link to making a complaint.
You can complete a complaint eligibility questionnaire with three easy steps, this will advise you if the BVRLA can assist or not.
What are the benefits of using a BVRLA member?
• BVRLA members must adhere to our Codes of Conduct, which set out the standards we expect from our members.
• You have the peace of mind that you are dealing with a reputable and trustworthy business and that, in the rare instance that you have a dispute which cannot be resolved directly with the trader, you have someone to turn to.
• The BVRLA’s ADR service is free of charge for you to use.
How do I make a complaint?
In the unlikely event of a dispute that could not be resolved directly with the rental company, you can escalate a complaint to the BVRLA’s Alternative Dispute Resolution Service if you rented a vehicle from a BVRLA member in the UK. This service is free of charge.
The complaint must be submitted www.bvrla.co.uk You have the facility to upload all evidence you wish to be considered.
The member cannot initiate a complaint against you.
What is an ADR service?
An ADR service is an impartial body that considers complaints about a variety of issues relating to organisations and businesses. Its role is to reach an outcome for both parties which is fair and reasonable as an alternative to going to court.
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.
Can they deal with your dispute?
BVRLA are able to raise a case to help resolve your dispute, if:
• Your complaint relates to a BVRLA member
• Your transaction took place in the UK
• You have fully exhausted the member's own internal complaints procedure and received their final written decision. You need to contact them within 12 months of the member’s final response to your complaint.
What complaints can’t they deal with?
• Complaints that are deemed to be frivolous or vexatious.
• Complaints where court proceedings have already commenced, or you have raised the matter with another ADR service.
• Complaints against associate members as they do not adhere to a Code of Conduct
• Complaints relating to transactions which took place outside of the UK. Rental complaints relating to a cross border rental within Europe may be referred to the European Car Rental Conciliation Service (ECRCS).
• They are not qualified to adjudicate on the repair method or cost of a repair to a vehicle.
• The service does not award any compensation payment in relation to alleged financial losses, or inconvenience caused.
• Complaints relating to a criminal act.
What happens if the company that you have a dispute with is not a BVRLA member?
If a company is not a BVRLA member, the Citizens Advice Bureau , Trading Standards or Financial Ombudsman Service may be able to assist you.
How will my dispute be handled?
Once the BVRLA have received your case in writing via their website, they will:
• Review your complaint and get a response from the other party.
• Find out the facts, review the evidence provided by both parties and weigh everything up.
• Make a decision based on our Code Of Conduct.
• Tell you and the member what they think in writing, by email.
If they find in your favour, they will tell the member to put things right by refunding in full any unjustified charges incorrectly raised. BVRLA members must comply with the rulings of the ADR service.
There may be times where there just isn’t enough evidence for the BVRLA to be able to make a fair decision or when they feel the resolution already offered by the member is fair and reasonable in the circumstances.
You don’t have to agree with what they say - at any point, you can let them know that you no longer want their help.
How long will it take to get a resolution to my case?
BVRLA aim to resolve complaints within 30 working days. For more complex cases it may take longer, however they will endeavour to keep you updated.
With regards to any offers made from the member to the customer within their decision, the customer shall have 7 days to respond to this offer in writing to the BVRLA.
Can I withdraw from the procedure?
Yes, you can withdraw at any time.
Do I need a lawyer to represent me during the ADR process?
No. BVRLA service is intended for use without legal representation; however, you may seek independent legal advice or be represented or assisted by a third party at any stage of the procedure. The outcome may be different if determined by a court.
Can I still go to court even though I have gone to the BVRLA with my dispute?
Yes. If you disagree with their final decision, you can still take your complaint to court.
Can I see the response from the member?
Yes, you can request the documents/evidence submitted by the member.
What languages is your service available in?
The ADR service will respond in English, however you can correspond in any language.
I have a complaint regarding the BVRLA’s ADR service – what do I do?
In the event where you feel the service you have received from the BVRLA has not met the standards that you’d expect, you can contact them in writing. Firstly, you can tell them why you dispute the decision, by email or letter, and it will initially be handled by the officer dealing with your case.
If you remain unhappy with the response you have received, you may escalate the complaint in writing to the Conciliation Service Manager. They will then carry out a full review of the complaint and will respond within 10 working days.
There is no further point of escalation, however you retain the right to pursue the matter via alternative channels if you remain dissatisfied with the decision.
How do I get in touch with the BVRLA’s ADR service?
Who are the ADR Officials?
There is 5 ADR officials, which consist of 1 manager and 4 case handlers, they were all appointed on a permanent basis after a rigorous interview to check competency.