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COMPLAINTS RESOLUTION POLICY

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1.Introduction and Objective

Jannie Parsons Cell Captive is committed to a high service standard, rendering financial services with integrity, the speedy resolve of complaints and the overall improvement of processes even in the instance where a complaint may be viewed as ‘invalid’ in terms of the relevant policy wording. In this regard each and every concern counts as valuable feedback that requires addressing in a meaningful manner.

The object of this complaints resolution policy is to formalize the process in which dissatisfaction is lodged, acknowledged, investigated, resolved and leads to overall improvement/s.

It is furthermore important that each and every staff member receives extensive training in this regard, that this complaints resolution policy is made easily accessible to all policyholders, that this complaints resolution policy is continuously reassessed by senior management and that overall improvement/s are actioned as a consequence of feedback received from policyholders.

Please note that TCF and PPR (especially with regards to complaints) form part of each and every employee’s annual performance evaluation report, which is to be completed prior to any potential salary increase and/ or promotion.

Important and guiding material/ bodies include all six Treating Customers Fairly (TCF) Outcomes, the Financial Sector Conduct Authority (FSCA) and the Policyholder Protection Rules (PPR).

2. The Definition of a Complaint

A Complaint in terms of the Policyholder Protection Rules (PPR) means an expression of dissatisfaction by a person to an insurer or, to the knowledge of the insurer, to the insurer’s service provider relating to a policy or service provided or offered by that insurer which indicates or alleges, regardless of whether such an expression of dissatisfaction is submitted together with or in relation to a policyholder query, that -

(a) the insurer or its service provider has contravened or failed to comply with an agreement, a law, a rule, or a code of conduct which is binding on the insurer or to which it subscribes;

(b) the insurer or its service provider’s maladministration or willful or negligent action or failure to act, has caused the person harm, prejudice, distress or substantial inconvenience; or

(c) the insurer or its service provider has treated the person unfairly;

Regardless whether submitted together with or in relation to a policyholder query.

All complaints lodged with the Ombudsman/ FAIS/ FSCA is to be dealt with by Guardrisk exclusively. All documents and information relating to such a complaint, must be sent to Guardrisk within 24 hours of receipt of the complaint.

Note that there is no service fee charged for registering a complaint.

The Treating Customers Fairly (TCF) Outcomes include:

Customers need to feel confident that TCF is central to our culture;

Products are designed, marketed and sold to the right customer, meeting their needs;

Customers receive clear information that is timely and relevant to them;

Customers receive suitable product/ sales advice that takes their circumstances into account;

Products and services perform as expected and the service is of an acceptable standard;

There are no unreasonable barriers for customers to change or switch products, claim or complain.

3. The definition of a Complainant – who may complain?

A complainant is a person who has a direct interest in the policy/ service or someone acting on behalf of a person with a direct interest in the policy/ service. For example: a policyholder/ a person that pays a premium, his/ her beneficiary, a policyholder’s spouse or registered dependents, a potential policyholder whose satisfaction relates to the relevant application, approach, solicitation, advertising or marketing material.

4. Outcomes of a Complaint

Rejected: complaint was rejected, and FSP regards the complaint as finalized after advising the complainant that FSP does not intend to take any further action to resolve the complaint. A formal repudiation letter with all complaint details will be sent. There are two variations of a rejected complaint:

Invalid: the complainant does not accept or respond to proposals to resolve the complaint within 7 days. This includes sending relevant documentation, acting upon the advice of FSP as well as not being able to reach the complainant via telephone, SMS and E-mail (if applicable);

Unjustified: the policy has been met, complainant has been treated fairly as far as possible, there is no legal leg to stand on to assist complainant, complainant refuses to accept outcome of merit assessment and nothing further can be done to assist complainant.

Upheld: complaint was successful either:

Wholly (complainant got exactly what he/ she was looking for);

Partially (complainant and FSP found middle ground).

There are also two variations of a wholly or an upheld complaint:

a) Compensation Payment: to compensate a complainant for a proven or estimated financial loss incurred as a result of the FSP’s wrongdoing. This is either:

Payment Contractually due: the complainant should have received the assistance and help from the start, a justified complaint;

Payment not Contractually due: the complainant does not have legal standing or a legal argument, however, due to the poor handling by FSP in the form of negligence, FSP for example refunds the complainant his/ her premiums and cancels the complainant.

b) Goodwill Payment: the complainant is not covered in terms of the policy, but FSP is willing and able to sponsor the matter due to extraordinary circumstances.

5. The Category/ Categories of Complaints

The design of a policy or related service;

Information provided to the policyholders or lack of information and feedback provided to a policyholder;

Advice provided by the sales representative;

Policy performance and/ or servicing including negligence;

Admin services such as premium collection;

Policy accessibility, ability to change or switch;

Complaints handling (complaint of a complaint);

Complaints relating to insurance claims, such as a rejection of a merit assessment for litigation (in-Court) cover;

Other complaints.

6. How to lodge a complaint should you feel that any or all of the above, in terms of the above categories and TCF Outcomes, could have been better handled by FSP. How to lodge a complaint should you feel dissatisfied with any aspect of your dealings with FSP:

Contact Details: Email: danie@jpfin.co.za; Tel. 012 460 0526.

Otherwise, complete a complaint form here that will be submitted to our complaints department.

When logging the complaint ensure that you include all the relevant information for a speedy resolution; this includes the staff member/s involved, your case or product details, any supporting documents and the relevant dates/ times relevant to your dissatisfaction. The reason for your dissatisfaction must be clear in order for FSP to investigate diligently;

You may send your complaint to company details provided. Note that complaints logged using a telephone voice recording will be reduced to writing by the officer assigned to attend to your complaint;

You will receive an SMS confirming that your complaint has been received; the name of the person dealing with your complaint and confirmation that the relevant assigned staff member will contact you telephonically within 2 working days.

7. The Internal Complaints Handling Process

Upon contacting you telephonically, the person dealing with your complaint will introduce him/ herself and:

Ask you what your preferred outcome of the complaint would be? Please refer to the outcomes of a complaint mentioned in clause 4 but do not be discouraged by the terminology, the person dealing with your complaint will listen to whatever reason you have for your dissatisfaction;

Answer any and all questions to the best of his/ her ability;

Request your availability/ preferred times for follow-up calls and preferred communications medium for feedback (e-mail/ phone call/ SMS/ etc.);

Advise you to kindly expect feedback within 7 days, alternatively 3 days where time is of the essence such as where a Court date is involved;

Diarize the file for 7 or 3 days to provide feedback to you but commence investigation immediately;

It is important that you cooperate by providing copies of all relevant evidence and correspondence;

Should the matter remain unresolved after 7 or 3 days have passed and feedback has been provided, to diarize the complaints file in order to give feedback every 14 days;

You may escalate the matter internally and change the person dealing with your complaint where he/she did not attend to your complaint as per the 3/7/14 day diary period (to receive feedback/ assistance) as mentioned above. Simply follow the same steps as per clause 6 and advise that you wish to escalate the matter;

Should the matter be rejected as per clause 4, you will be provided with all reference numbers/ information and contact numbers of the Ombud/ Regulatory Body to take the matter further against us.

8. Complaints Escalation and Review Process

In the event that your matter/complaint is rejected and you wish to escalate the matter, you may contact the Insurer directly or the matter may be escalated on your behalf:
Guardrisk Life
Telephone: 0860 333 361
Website: https://guardrisk.co.za/complaints/
Address: Johannesburg Office
102 Rivonia Road, Ground Floor, 2nd Tower, Sandton 2196.

Should your complaint be against Guardrisk / the insurer, please lodge your complaint with the relevant Ombudsman:

Particulars of the National Financial Ombud Scheme
(For claims/service-related matters)
Physical address: Claremont Central Building, 6th Floor, 6 Vineyard Road, Claremont, 7708
Telephone: 0860 800 900
Email address: info@nfosa.co.za
Website: www.nfosa.co.za

Particulars of the FAIS Ombudsman
(For product/advice related matters)
Postal address: PO BOX 41, Menlyn Park, 0063
Telephone: +27- 12- 762- 5000
Sharecall: +27- 86- 066- 3274
Email address: info@faisombud.co.za

Particulars of the Finacial Sector Conduct Authority
(For market conduct related matters)
Postal address: PO Box 35655, Menlo Park, 0102
Telephone: +27- 12- 428- 8000
Fax number: +27- 12- 346- 6941
Email address: info@fsca.co.za

Particulars of the Information Regulator
(For complaints relating to the use of Personal Information)
Postal address: PO Box 31533, Braamfontein, Johannesburg, 2017
Telephone: +27- 10- 023- 5200
Email address: POPIAComplaints@inforegulator.org.za

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