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Complaints Policy

Complaints handling and dispute resolution – GEN 9.2

Ebury Partners (DIFC) Limited (“The Firm”) is committed to delivering a fair, open and clear process for complaints and is dedicated to providing a satisfactory outcome for all customers who raise a complaint. We recognise that a complaint is an opportunity to turn an unhappy customer into a satisfied long-term client. A dissatisfied customer who finds their issues dealt with swiftly and professionally will frequently have more respect for the Firm than where their experience is smooth and untroubled. Such a customer will often relate their experience to friends and family, with good referral opportunities for the Firm and its intermediary clients. Customers need to have confidence that if something goes wrong during the sales and after sales process, the Firm will treat their complaint seriously and take appropriate action. Any expression of dissatisfaction, whether spoken or written, and whether justified or not, about a service or activity relating to financial services offered, provided or withheld by the Firm must be dealt with in accordance with this complaints handling procedure.

Written complaint handling procedures

The Firm must have adequate policies and procedures in place for the investigation and resolution of Complaints made against it by Retail Clients, and the manner of redress (including compensation for acts or omissions of the Firm). The policies and procedures for handling Complaints must be in writing and provide that Complaints are handled fairly, consistently and promptly .

Complaint Receipt and handling

On receipt of a written complaint, but no later than 7 days after receipt, the Firm will:

  • inform senior management;
  • nominate a person who was not directly involved in the matter to carry out an investigation (the complaint officer);
  • acknowledge the Complaint promptly in writing;
    • provide the complainant with:
    • the contact details of any individual responsible for handling the Complaint;
    • key particulars of the Firm’s Complaints Handling Procedures; and
  • a statement that a copy of the procedures is available free of charge upon request in accordance with GEN Rule 9.2.11;
  • Consider the subject matter of the Complaint.

Upon conclusion of an investigation of a Complaint, the Firm must promptly:

● within 15 days of the complaint write to the complainant to explain the Firm’s views on the matter and the action, if any, it proposes to take (i.e. complaint resolution) – complaints resolution up to 30 days is allowed only in respect of the service Arranging Credit and Advising on Credit;
● provide the complainant with terms of redress, if applicable, and comply with such terms;
● record all relevant details in the Firm’s complaints register.

If the complainant is not satisfied with the terms of redress offered by the Firm, the Firm must inform the complainant of other avenues, if any, for resolution of the Complaint and provide him with the appropriate contact details upon request. Other avenues for resolution of a Complaint may include an external dispute resolution scheme, arbitration or the DIFC Court. The Firm, as it is Providing Money Services, ensures that Clients have access to an independent complaints handling service .

When handling complaints, the Firm must adhere to relevant Data Protection rules.

Employees handling complaints

Where appropriate, taking into account the nature, scale and complexity of the Firm’s business, the Firm must ensure that any individual handling the Complaint is not or was not involved in the conduct of the Financial Service about which the Complaint has been made, and is able to handle the Complaint in a fair and impartial manner .
The Firm must ensure that any individual responsible for handling the Complaint has sufficient authority to resolve the Complaint or has access to individuals with the necessary authority .

Complaints involving other Authorised Firms or Regulated Financial Institutions

If the Firm considers that another Authorised Firm or a Regulated Financial Institution is entirely or partly responsible for the subject matter of a Complaint, it may refer the Complaint, or the relevant part of it, to the other Authorised Firm or Regulated Financial Institution.
To refer a Complaint, the Firm must :
● inform the complainant promptly and in writing that it would like to refer the Complaint, either entirely or in part, to another Authorised Firm or Regulated Financial Institution, and obtain the written consent of the complainant to do so;
● if the complainant consents to the referral of the Complaint, refer the Complaint to the other Authorised Firm or Regulated Financial Institution promptly and in writing;
● inform the complainant promptly and in writing that the Complaint has been referred and include adequate contact details of any individual at the other Authorised Firm or Regulated Financial Institution responsible for handling the Complaint; and
● continue to deal with any part of the Complaint not referred to the other Authorised Firm or Regulated Financial Institution, in accordance with this policy.

Retail Client awareness

The Firm ensures that a copy of this Complaints Handling Procedure is available free of charge to any Retail Client upon request .

Record keeping

The Firm must maintain a record of all Complaints made against it for a minimum period of six years from the date of receipt of a Complaint. The record must contain the name of the complainant, the substance of the Complaint, a record of the Firm’s response, and any other relevant correspondence or records, and the action taken by the Firm to resolve each Complaint .

Systems and controls

In accordance with GEN Rules 5.3.4 and 5.3.5, the Firm must put in place adequate systems and controls in order for it to identify and remedy any recurring or systemic problems identified from Complaints. The Firm should also consider whether it is required to notify the DFSA, pursuant to GEN Rule 11.10.7, of any recurring or systemic problems identified from Complaints .

Additional requirements for complaints related to Money Services

The Firm must, advise the complainant in writing of the resolution of the Complaint and, if applicable, provide the complainant with clear terms of redress no later than 15 business days after the day on which it received the Complaint. If the Firm cannot comply with the above 15 days requirement for reasons beyond its control, it must send a holding reply, clearly indicating the reasons for the delay and specifying the deadline by which the complainant will receive a full reply.

When the Firm advises the complainant of the outcome of a Complaint, it must inform the Client in writing:

● that the Client may refer the matter to the independent complaints handling service described below if the Client is not satisfied with the outcome;
● details of the independent complaints handling scheme and how the Client may access the service; and
● that the Firm will pay the costs of the application fee to the scheme in the circumstances specified below.

Independent complaints handling service:

The Firm must :
● ensure that Clients have access to an independent complaints handling service that can determine Complaints where a Client is not satisfied with the outcome of the firm’s resolution of a Complaint;
● ensure that the service referred to is easily accessible to its Clients; and
● bear the cost of any application fee payable for the use of the service referred to above, unless the Complaint is found to be unsuccessful, in which case the Firm may recover the cost of that fee from the Client. An independent complaints handling service may be a small claims tribunal provided that the tribunal has jurisdiction to hear and determine disputes of the nature covered under this section i.e. relating to money services.

To submit a complaint to Ebury, you can contact us an Ebury Representative by using any of the following details:

  • Telephone: +971 4 526 1555
  • Post: Compliance Department, Ebury Partners (DIFC) Limited, Burj daman Level 10 Unit C1005 Dubai, United Arab Emirates.
  • UAE Email: [email protected]

To submit a complaint to the Regulator, the DFSA will only consider complaints submitted in writing. To submit a complaint you can:

  1. Complete our online Complaints Form (www.dfsa.ae)
  2. Submit your written complaint to the DFSA via mail to DFSA, Level 13, The Gate, PO Box 75850, Dubai, UAE or via facsimile +971 (0)4 362 0801.