Why should I become a Member?
Joining an EDR scheme is a key tool for managing risk and is
good for business. By becoming a Member of the Credit Ombudsman
Service you are demonstrating your commitment to raising the
standard of service and performance within the Credit Industry. And
your customers will have access to an independent, experienced,
professional organisation to assist them in resolving complaints
they may have regarding your services.
Being a Member of an EDR scheme can also save you money. The
cost of resolving a dispute through a scheme such as the Credit
Ombudsman Service is significantly less expensive, not to mention
less stressful, than taking a complaint through the court
system.
If you are a Full or Life Member of the Mortgage & Finance
Association of Australia (MFAA) you are required by the
constitution of that body to be a Member of the Credit Ombudsman
Service, although it is possible to obtain an exemption through
membership of another EDR scheme.
If you arrange, or give advice regarding Mortgage Offset
Accounts you can take advantage of ASIC's recent announcement of a
licence exemption by joining the Credit Ombudsman Service. The ASIC
Class Order (CO 03/1048 issued 8 December 2003) provides that a
person who is a member of an eligible External Dispute Resolution
(EDR) scheme need not hold an AFS Licence to provide advice or
arrange a mortgage offset account. The Credit Ombudsman Service is
such an ASIC approved EDR scheme.
In certain circumstance, if you are a member of another ASIC
approved EDR scheme, such as the BFSO, CUDRC, FCDRS (and in some
cases FICS) you may be exempt from joining the Credit Ombudsman
Service. You should seek advice from your legal advisor.
What if I'm already a member of an EDR Scheme?
In some circumstances you may need to be, or wish to be, a
member of more than one EDR Scheme. EDR Schemes have rules which
govern the handling of complaints about Members who are also
Members of more than one scheme. In general a complaint will not be
considered by an EDR scheme if it has been previously considered by
another Court, Tribunal or EDR scheme.
In certain circumstance, if you are a member of another ASIC
approved EDR scheme, such as the BFSO, CUDRC, FCDRS (and in some
cases FICS) you may be exempt from joining the Credit Ombudsman
Service. You should seek advice from your legal advisor. If you
think you may be eligible, you will need to make an application in
writing to the Secretary of COSL.
Do I need to be a member of the MIAA to join the Credit
Ombudsman?
No, you do not need to be a Member of the MFAA to join. Under
the Credit Ombudsman Constitution those who work in the Credit
Industry who are not members of the MFAA are eligible for
Membership.
Applicants in this category will not be required to become a
member of the MFAA or to adhere to the MFAA Code of Practice.
However, they will have to comply with any Code of Practice or
Dispute Resolution process that may apply to them as Members of
other industry bodies and which the Credit Ombudsman Service
Limited Board has approved.
I've sent in my application but I haven't heard anything
When your application and payment has been received it will be
processed and presented to the Directors for approval. Once
approval has been granted you will receive notification from the
Credit Ombudsman Service along with your Membership Number. We make
every attempt to process your Membership as quickly as
possible.
Why should I respond to inquiries by the Credit Ombudsman
Service?
Failing to take Customer complaints seriously is bad for
business, and can prove costly.
If you are a Member, not responding to inquiries concerning a
complaint made to the Credit Ombudsman Service can have serious
consequences. A Member's failure to respond to efforts by the
Scheme Manager to resolve a complaint can result in an adverse
finding by the Credit Ombudsman as the matter can proceed without
your response.
In addition, the longer it takes to deal with a complaint, the
more expensive it is. Members are billed for each complaint on the
basis of the Stage at which it is completed. It is in the interest
of Members that inquiries are responded to as quickly as possible.
Click here for further fee information.
Who pays the "costs" of the Credit Ombudsman's Determination?
In addition to the Annual Membership Fees, Members are charged a
Service Fee for complaints received about them. There are five fee
categories based on the stage at which a dispute is resolved.
If a complaint goes to a hearing each party bears its own legal
costs and expenses. In general, the Credit Ombudsman will not make
an award of costs. However costs may be awarded against a Member if
a hearing has been held in relation to a complaint because the
Member specifically asked for it. In that case, the Member will be
required to meet the reasonable costs of the consumer attending the
hearing, including travel and accommodation.
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