Purpose of Policy
PorterPays aims at providing at providing a high standard of service to its clientele while also protecting their interest and encourages customers to provide it with constructive feedback thus allowing the company to improve upon its offering. Feedback however may not always be positive and such feedback may result in a complaint.
The purpose of this policy is to establish a process to be followed by PorterPays Limited “PorterPays” when a complaint is received by a customer in relation to its services. This policy seeks to provide guidelines on how a complaint is addressed when received, recorded, resolved in a specific time frame while ensuring that all complaints are treated fairly.
Definition of a Complaint
A complaint is defined as a statement of dissatisfaction made by a natural person/s and/or legal entity on the company’s products and/or services and/or the delivery of such products or services. Such a statement can be made orally or in writing. Such a statement or complaints can be raised by an organisation (legal entity), a representative of an organisation or a client (a natural person).
A complaint can also be related to General Data Protection Regulation (“GDPR”) and therefore relating to data processing and/or breaches, right to object to processing of data, right to be forgotten and right to access data amongst others.
Lodging a Complaint
A complaint should be brought to the attention of Senior Management for an initial response. If the initial response is not to the satisfaction of the complainant, a formal complaint may be lodged as follows:
- A formal telephone call to an official of the company;
- An email is sent to firstname.lastname@example.org;
- A formal letter is sent to the registered office of the company.
A complainant may also lodge a complaint directly with respective authorities including:
- Malta Financial Services Authority (“MFSA”) – www.mfsa.mt – https://www.mfsa.mt/about-us/contact/
- Office of the Arbiter for Financial Services – www.financialarbiter.org.mt – complaint.info@Financialarbiter.org.mt
- Information and Data Protection Commissioner (“IDPC”)- www.idpc.org.mt – https://register.idpc.org.mt/report-breach/complaint/
- Financial Services Complaints Tribunal (“Kifid”) – https://www.kifid.nl/form_reg/
Such complaints will then be redirected to us and the respective authority is to be kept updated on the progress and eventual resolution.
Acknowledgement of Complaints
PorterPays is committed to acknowledge a complaint in writing within 24 hours from receipt of such complaint. If a complaint is made orally, the officer dealing with such complaint is to summarise this in writing and request the complainant to confirm such summary.
The acknowledgement should include the process that the company will follow and therefore:
- Obligation by the company to provide a written response within fifteen (15) working days from receipt of a complaint;
- If the deadline above cannot be met due to a valid reason, the complainant will be informed of this and provided with reasons causing the delay and an approximate time frame (no longer than 35 working days from the initial receipt of the complaint) for an expected resolution;
- Information on how to contact the Arbiter for Financial Services.
Escalation to Complaints Function and Resolution
Complaints should be escalated by the receiving officer to the Complaints Function that is represented by the CFO and CEO and/or any delegate they appoint. All efforts must be made to resolve such complaints within a fifteen (15) working day timeframe.
The complaints function will ensure effective, efficient and fair treatment of any complaint and must also ensure that all complaints are answered within the required timeframes and appropriately.
The complaints function can opt for one of the following resolutions for a complaint:
- accept the complaint and offer redress or remedial action where appropriate;
- offer redress or remedial action without accepting the complaint or
- reject the complaint and provide reasons for such a rejection.
Resolutions are to be recorded into the complaints register indicating the date of when a proposed resolution was sent. In the event that a complainant does not respond to a proposed resolution within a six (6) week period, the complaint is deemed as resolved.
The complainant also has the right to pursue the complaint with the Arbiter for Financial Services or take legal action if the response or the progress made by the company is not satisfactory.
The complainant can also peruse the complaint with Kifid. Kifid is the Dutch Institute for Financial Disputes. It offers easy access and expert advice to consumers, small businesses and self-employed persons without employees who have a complaint against a financial services provider.
The complainant may initially check with Kifid can handle such complaint by performing a test that is found on their website: https://www.kifid.nl/sneltest/ . If the complaint can be handled, the complainant can such log such complaint by following Kifid’s procedure found as described on their website: https://www.kifid.nl/procedure/ or https://www.kifid.nl/werkwijze/
- Malta Arbiter for Financial Services act – https://legislation.mt/eli/cap/555/eng/pdf
- MFSA Banking Rule – Complaints Handling procedure for credit institutions authorised under the Banking act 1994 – https://www.mfsa.mt/wp-content/uploads/2020/03/20200305-Complaints-Handling-BR-22.pdf