V SEND LIMITED T/A MANGAL MONEY TRANSFER(MMT) – COMPLAINTS PROCEDURE
1 INTRODUCTION
1.1 Mangal Money Transfer (The company) endeavours to deliver its work to the highest possible standards and welcomes and encourages feedback when it has not met expectations. Complaints that are raised are received by the company as useful feedback, and opportunities to learn and improve its work.
1.2 This procedure is to cover complaints submitted by individuals about the company, in particular its services, activities, and standards. The complaint could be about action taken by the MMT, its lack of action, the standard of services provided by MMT, or general dissatisfaction about dealings with the company.
1.3 The complaint will be dealt with in accordance with the following procedure. Any questions or disputes about the most appropriate procedure for dealing with a complaint will be determined by the director of V Send Limited T/A Mangal Money Transfer.
2. Definitions
2.1 Complaint MMT defines a complaint as: Any oral or written expression(Please write to info@mangalmoneytransfer.co.uk) 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:
(a) alleges that the complainant has suffered (or may suffer) monetary loss, material distress, or material inconvenience; and
(b) relates to an activity of that Firm or any other firm with whom that Firm has some connection in marketing or providing financial services or products, which comes under the jurisdiction of the Financial Ombudsman Service.
2.2 Eligible Complainant MMT defines an eligible complainant, in line with DISP 2.7.3, as a person who is: 1. a consumer; 2. a micro-enterprise ;
(a) in relation to a complaint relating wholly or partly to payment services, either at the time of the conclusion of the payment service contract or at the time the complainant refers the complaint to the respondent; or
(b) otherwise, at the time the complainant refers the complaint to the respondent;
3. a charity that has an annual income of less than £6.5 million at the time the complainant refers the complaint to the respondent;
4. a trustee of a trust which has a net asset value of less than £5 million at the time the complainant refers the complaint to the respondent;
5. (in relation to CBTL business) a CBTL consumer;
6. a small business at the time the complainant refers the complaint to the respondent; or
7. A guarantor. To fall within the Firm's definition of an eligible complainant, the complainant must also have a complaint that arises from either:
• being (or was) a customer, payment service user, or electronic money holder of the Firm or;
• a (or was) potential customer, payment service user, or electronic money holder of the respondent.
2.3 Non-Eligible Complainant The Firm defines a non-eligible complainant as a person who does not fall in line with the definition of an eligible complainant, as defined in DISP 2.7.3, but has a complaint that arises from either:
• being (or was) a customer, payment service user, or electronic money holder of the Firm or;
• a (or was) a potential customer payment service user or electronic money holder of the respondent. T
The Firm will handle non-eligible complaints in accordance with its regulatory obligations under Regulation 101 of the PSRs 2017.
3. Complaint Process
Where MMT may be deemed solely or jointly responsible for a complaint, it will apply the complaint forwarding rules
If the Firm receives a direct complaint, it will apply the following complaints management process to handle it reasonably and promptly. MMT will:
• Allow complaints to be made free of charge by eligible and ineligible complainants by any reasonable means;
• Deal with the complaint within three business days (where possible);
• Fully investigate complaints;
• Provide resolution where possible within 15 business days;
• In any case, respond to complaints within 35 business days;
• Recognise complaints as requiring resolution;
• Reply to complaints on paper or, if agreed between MMT, in another durable medium.
3.2 Acknowledging a Complaint
On receipt of a complaint, MMT will send the complainant a prompt written acknowledgement, within three business days, using the Acknowledgement Letter Template providing early reassurance that it has received the complaint and is dealing with it.
3.3 Complaints Investigation Process The Firm will, in all cases, assess fairly, consistently, and promptly:
• The subject matter of the complaint.
• Whether the complaint should be upheld or rejected.
• What remedial action or redress may be appropriate.
• Whether another party may be solely or jointly responsible for the matter alleged in the complaint.
3.4 Summary Resolution Communication
Where the Firm can resolve a complaint by a PSU within three business days, the Firm will send the complainant a 'summary resolution communication,' being a written communication from the respondent which:
• Refers to the fact that the complainant has made a complaint and informs the complainant that the respondent now considers the complaint to have been resolved;
• Tell the complainant that if they subsequently decide that they are dissatisfied with the resolution of the complaint, they may be able to refer the complaint to the Financial Ombudsman Service;
• Indicates whether or not the respondent consents to waive the relevant time limits in DISP 2.8.2R or DISP 2.8.7R (Was the complaint referred to the Financial Ombudsman Service in time?) by including the appropriate wording set out in DISP 1 Annex 3R;
• Provides the website address of the Financial Ombudsman Service [FOS]; and
• Refer to the availability of further information on the website of the FOS.
3.5 Final Response
Whilst MMT will comply with all relevant DISP rules and guidance, as best practice, the Firm will apply the more stringent Payment Services Directive (PSD) timeframes as specified under section 101 of the Payment Services Regulation 2017 (PSR's). Thus, MMT will apply the following time limits to all payment service complaints, regardless of whether they are determined as eligible complaints or non-eligible complaints:
• The Firm will issue a reply to the complainant within an adequate timeframe and, at the latest, 15 business days after the day on which the Firm received the complaint.
• In exceptional circumstances, if a final response cannot be given for reasons beyond the control of the MMT, the Firm shall:
(a) send a holding response to the complainant by the end of 15 business days after the day on which it received the complaint, clearly indicating the reasons for the delay in answering the complaint and specifying the deadline by which it will send the final response; and
(b) send a final response to the complainant by the end of 35 business days after the day on which it received the complaint. MMT’s final response will clearly set out the Firm's decision to uphold or reject the complaint and its reasons. If any redress is offered, the Firm will provide a clear method of calculation. MMT will consider a complaint closed when its final response is issued. PSUs that are considered eligible complainants shall be informed that if they remain dissatisfied with the Firm's response to their complaint, they may refer the complaint to the Financial Ombudsman Service (FOS).
3.6 Complaint Forwarding Rules Where the Firm receives a forwarded complaint, it will be treated as if it had received the complaint directly, and the same time limits will apply from the date on which the Firm has received the forwarded complaint. The Firm may promptly forward a complaint in writing to another party where there are reasonable grounds to believe that the other party may be solely or jointly responsible for the matter alleged in the complaint. If a complaint is forwarded, the Firm will inform the complainant promptly in a final response of why the complaint has been forwarded and provide the complainant with the other party's contact details.