Dispute Resolution

Please find below information on our complaints process.  If you require further information to be sent to you please contact us as per below.

We are a member of the Credit Ombudsman Service Limited (COSL).  However, as part of the complaints process COSL require an Internal Complaint be sent directly to Capital Funding Group first.  If the solution provided does not meet your needs them a formal complaint may be lodged with COSL (see at the end of the page)

Internal complaints

Receiving complaints

Complaints can be lodged by contacting Helen Gillman, the Complaints Officer by:

  • telephoning [07 5554 5221]
  • e-mailing  [admin@capitalfunding.com.au]
  • writing to [PO Box 85, BROADBEACH    QLD   4218]

or by speaking to any representative of our business who will refer complainants to the Complaints Officer.

We adopt the definition of ‘complaint’ in AS ISO 10002-2006, namely ‘an expression of dissatisfaction made to an organisation, related to its products or services, or the complaints handling process itself, where a response or resolution is explicitly or implicitly expected’.  This means we will treat informal complaints seriously and refer them to IDR unless they are resolved by the end of the next business day.

Any complaint which is resolved to the customer’s satisfaction by the end of the fifth business day (starting from when the complaint was received) will not require a final written response unless:

  • the consumer asks for a written response; or
    • the complaint relates to hardship.

Investigating complaints

The Complaints Officer will review the complaint carefully and promptly, taking such steps and reviewing such documents as a reasonable person would do.

Responding to complaints within appropriate time limits and referring unresolved complaints to an EDR scheme

The Complaints Officer will provide a written ‘final response’ to the complainant within 45 days (21 days where the complaint relates to default), which states:

  • the final outcome of the dispute at IDR
  • the right to take their dispute to EDR (no matter what the result of the investigation was at IDR)
  • the name and contact details of your EDR scheme.

If the Complaints Officer is unable to give a final response within the specified period, the Complaints Officer will, before the end of the period:

  • inform the complainant of the reasons for the delay
  • advise the complainant of their right to complain to EDR
  • provide the complainant with the name and contact details of your EDR scheme.

The NCC allows credit providers 21 days to consider hardship and postponement applications.  At the end of that period, if there is no agreement, there will be no further time to handle the dispute at IDR, and the complainant must be referred to EDR.

When deciding about hardship or postponement applications, the Complaints Officer will give EDR contact details when:

  • advising whether the claim has been agreed to; or
  • the notification of variation to the credit contract is given within 30 days after the variation is agreed.

The complainant can go direct to EDR regarding disputes involving hardship or postponement which also involve issues with default notices.

Legal proceedings

Unless the statute of limitations is about to expire, legal proceedings will not be commenced or continued nor will any other enforcement action be taken during the IDR period and for at least 14 days from giving a final response.

 External Complaints

If we do not reach agreement on your complaint internally, you may refer the complaint to an ASIC Approved External Dispute Resolution (EDR) Scheme.  Our external dispute resolution provider is COSL (Credit Ombudsman Services Limited) phone 1800 138 422, www.cosl.com.au

External dispute resolution is a free service established to provide you with an independent mechanism to resolve specific complaints.