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Frequently
Asked Questions
What is Market Code?
The Market Code is a guideline and commitment that credit unions agree
to follow. Also known as a code of practice it typically outlines
standards that members can expect when dealing with the credit union.
The Market Code is about consumer protection and it includes a provision
for handling of complaints.
What are my rights and responsibilities?
A members rights include: fair and courteous treatment, timely and
accurate response, and reasons for decisions and privacy.
A members responsibilities include: providing timely and accurate
information, including a resolution request, treating the credit unions
staff with courtesy and adopting a reasonable and co-operative attitude.
How does the complaint process begin?
Members should first contact their credit union. You can contact them
in person or by telephone, and they may ask you to set out your complaint
in writing. Once received, your complaint will be reviewed as soon as
possible.
If the matter cannot be resolved, you can contact the SaskCentral Ombudsman.
If that process does not resolve your complaint, the final escalation
step is to contact the Ombudsman for Banking Services and Investments
(OBSI).
What is the SaskCentral Ombudsman?
The SaskCentral Ombudsman is set up to settle individual disputes between
members and credit unions that cannot be resolved through the credit unions
complaint handling process. The Ombudsman can consider a wide range of
complaints and the service is free of charge.
Can consumers come to the SaskCentral Ombudsman directly?
The Ombudsman welcomes calls from consumers seeking advice on how to make
a complaint. However, if the complaint has not yet been investigated by
the credit union, you will be referred back to the credit union.
What is the Ombudsman for Banking Services and Investments (OBSI)?
The OBSI is an independent federal organization that investigates customer
complaints against financial services providers, including banks, credit
unions and other deposit-taking organizations, investment dealers, mutual
fund dealers and mutual fund companies.
How long does the process take?
In general, the credit union will respond within five business days. Complex
cases may however, take longer to resolve.
How far back will you go in investigating complaints?
The credit union is guided by statutes of limitation where appropriate.
They will also consider the availability of records and people with knowledge
of the case. Generally, older cases are more difficult to resolve.
For administrative reasons, you must escalate your complaint to the Ombudsman
within six months of completing the complaint handling process at your
credit union.
What details should I include in my letter to the credit union?
Your letter should describe the circumstances of your complaint and indicate
what you would like to see done to resolve it. You should also include
copies of all previous correspondence concerning the complaint between
you and your credit union as well as copies of related documents and notes
of conversations.
Can I ask a friend or relative to help me in handling my complaint?
Yes. You will need to giver permission for the credit union to discuss
confidential matters with a third party. You may also ask a lawyer, accountant
or other professional advisor to assist you (at your expense); however,
this is seldom necessary.
Can I go to court or seek another form of redress after dealing with
the credit union?
Yes. You can go to court if you are not satisfied with the outcome of
the credit union and the Ombudsman process.
The Ombudsman will not deal with matters that are or have been before
the courts, arbitration or other dispute resolution processes. It is important
to understand that arbitration decisions and the courts are binding and
you cannot come to the Ombudsman after these processes. If you decide
to pursue one of these options during the course of the investigation,
the Ombudsman will cease their investigation.
There are legal limitation periods that restrict a persons right
to commence a legal action. You should familiarize yourself with these
rules and get legal advice if you are uncertain, to avoid missing your
opportunity to take legal remedies.
Can I use the information and documents from the Ombudsman process
in court or any other subsequent proceedings?
The Ombudsman believes the success of their investigation process depends
on each partys ability to be open without prejudicing their legal
rights.
Parties do not surrender their legal rights by using the Ombudsman process.
However, to encourage co-operation and openness, they ask all parties
to agree that the files and the work product and anything created as part
of the dispute resolution process may not be used in any subsequent legal
or regulatory proceedings. This does not apply to your original documents
or those of the financial services provider.
The parties must also agree that the Ombudsmans staff and advisors
will not be called to testify in any subsequent legal or regulatory proceedings.
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