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Complaints Policy

Complaints Procedure

Overview

Guavapay Ltd’s complaint process has been created to meet general standards and requirements and complies with standard complaint handling procedures, including the Financial Ombudsman Service (FOS) regulations.

The aim of this policy is to ensure that all customer complaints, either written or verbal, are handled in a consistent and regulated manner and that further complaint incidents are mitigated and where possible, prevented. Where a customer has cause to complain, the complaints handling procedure will be followed in every instance and a record will be made of the complaint nature and details to help improve our services and reduce the occurrence of similar complaints.


What is a Complaint?

Guavapay adopts the following definition of a complaint for the purposes of this policy and as it appears in the Glossary to the FCA Handbook: “any oral or written expression of dissatisfaction whether justified or not from, or on behalf of, a person about the provision of, or failure to provide, a financial service, a claims management service or a redress determination which alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience”.

Negative feedback not requiring a resolution or a formal investigation do not constitute a complaint, although Guavapay values and welcomes all feedback.


Who is a Complainant?

For the purposes of this policy, a complainant is a user of Guavapay’s products and services.

Guavapay will not accept complaints pertaining to relations between users or between a user and a third party. This policy only covers complaints pertaining to the lack of or poor execution of a payment service carried out by Guavapay.

Guavapay will notify the individual where it is decided that the individual is not eligible to make a complaint, and provide an email explaining the rationale for the rejection.


Timing of Complaints

All complaints received by Guavapay will be considered, acknowledged, and responded to, regardless of how they are raised or what they refer to.

The Financial Ombudsman Service in the UK sets up time limits for referral of complaints. Any complaint made outside of these timelines will be automatically rejected and answered to with an email explaining the rationale for the rejection.

The time limits to raise a complaint with Guavapay are as follows: 

o more than six (6) years following the issue resulting in the complaint,

o more than three (3) years of the complainant becoming aware (or should reasonably have become aware) that the complainant could have complained,

Additionally, complainants are expected to complain to the FOS within six (6) months of receiving Guavapay’s final response. Unless the complainants can show exceptional circumstances justifying the delay, any complaints made after this timeframe will be rejected by Guavapay.


How to make a Complaint

To lodge a complaint with Guavapay, complainants must contact Guavapay either by email at support@guavapay.com or by phone calling Guavapay’s customer support phone number: +442045773333.

The complainant should provide their preferred email address and as much detail as is possible when lodging the complaint. 

At the request of the complainant, Guavapay will provide a PDF copy of its complaints procedure.


Complaint Process

Guavapay will consider all complaints and adhere to the prescribed process, as follows:

Payment Services / Electronic Money Complaints (PSD/EMD) investigation will be conducted within 10 business days of the initial complaint being received, and a response is to be sent in the form of a decision email within 15 days from the initial contact, either providing a final decision or an explanation for reasonable delay in providing a final decision.

General Complaints investigation will be conducted within six (6) weeks of the initial complaint being received, and final response sent in the form of a decision letter within eight (8) weeks from the initial contact.

All responses will always be provided in writing on email, unless the complainant makes a specific and reasonable request for an alternate form of communication, which will be provided in addition to the written format.

If Guavapay comes to the conclusion that another party is responsible for the issue resulting in the complaint, the complainant will be redirected to the relevant party and be notified.


Timing of Response from Guavapay

Upon receipt of a complaint, Guavapay will endeavour to:

o acknowledge any complaint in a timely manner, and no later than three (3) business days,

o provide a final response within:

fifteen (15) days for PSD/EMD. If a final conclusion cannot be reached within 15 business days , the complainant will be given a detailed explanation of the issue(s) and when a final response can be expected, which should not be later than thirty-five (35) days from the receipt of the initial complaint;

eight (8) weeks for general complaints.


Content of Guavapay’s Response

The final response from Guavapay will contain Guavapay’s findings further to the investigation and any decision regarding any action(s) to be taken or compensation awarded, which could be:

o acceptance of the complaint and, if applicable, offer of redress or remedial action.

o rejection of the complaint and explanation.

The email should also include details of the complainant’s right to refer to or lodge the complaint with the appropriate body, should the complainant be unhappy with Guavapay’s final decision. 

The relevant bodies are:


The Financial Ombudsman Service (FOS) 

The complainant is provided the option to forward the complaint with FOS within six (6) months of receiving the final decision from Guavapay. The final decision response from Guavapay will detail the FOS’s telephone number mail and email addresses: 

The Financial Ombudsman Service

Address: Financial Ombudsman Service, Exchange Tower, London E14 9SR

Website: https://www.financial-ombudsman.org.uk/contact-us/complain-online 

Email : complaint.info@financial-ombudsman.org.uk

Phone: +44 800 023 4567.


The Information Commissions Office (ICO)

For complaints related to personal data and/or breaches of the data protection laws and regulations, the final response will include the complainants right to lodge a complaint with the ICO and will detail the ICO’s telephone number and website, along with the possibility of seeking a judicial remedy.

Phone: +44 303 123 1113

Website: https://ico.org.uk/make-a-complaint/


Record Keeping

Guavapay will keep a record of all complaints and relevant data associated with them for a minimum of five (5) years after the resolution of the complaint.