How to submit
Completed complaint forms can be:
- Handed into any Mallow Credit Union office
- Posted to Mallow Credit Union Ltd, 135 Bank Place, Mallow, Co. Cork, P51 HP48
- Email to complaints@mallowcu.ie
- General Member Complaints Procedure
It is the aspiration of Mallow Credit Union that a complaint against the Credit Union will be resolved in a fair and equitable manner. In order that this is accomplished, the following is the procedure which a member should follow in order to have their complaint/dispute, in their capacity as a member, settled. A full description of this procedure is outlined in Rule 108 of the Standard Rules of the Credit Union.
Step 1. The complainant may discuss the complaint with the relevant member of the management who will, where possible, resolve the complaint.
Should the member complaint not be resolved at this stage to their satisfaction then;
Step 2. The member must complete the ’’Complaints Form’’ which is pre-addressed to the Complaints Officer. The complainant will have the right to be heard by this officer who will investigate , discuss and wherever possible, resolve the complaint.
Should the member complaint not be resolved at this stage to their satisfaction then;
Step 3. The complaints officer will provide the complainant with a “Complaints Form” on request which will be pre-addressed to the Complaints Sub-committee. It is also available to the public in our offices. The complainant should complete this form setting out the grounds for their dissatisfaction with the recommendations of the Complaint Officer. The complainant will have the right to be heard by the sub-committee, which will investigate and, wherever possible, resolve the complaint.
Should the member complaint not be resolved at this stage to their satisfaction then;
Step 4. The complainant should request the secretary of the Credit Union to forward the “Complaints Form” to the board of directors of the Credit Union which will investigate, discuss and wherever possible, resolve the complaint. The complainant will have the right to be heard by the board. If the complaint is not resolved to the satisfaction of the complainant, they have the right to refer the matter to the Financial Services Ombudsman. Details are provided by the Credit Union with regard to the Financial Services & Pension Ombudsman.
Note: Nothing in Rule 108 shall prevent the Financial Services & Pensions Ombudsman from investigating and adjudicating a complaint made against a Credit Union about the provision of, or failure to provide, a financial service, so long as the complaint:
(a) Has gone through the above internal Credit Union’s procedures and still remains unresolved to the satisfaction of the member,
(b) Is within the statutory terms of reference of the Financial Services and Pensions Ombudsman; in particular, this means the conduct complained of cannot have happened more than 6 years before the complaint was made (unless product or service with a fixed term lasting longer than 5 years, e.g., a loan with a term of more than 5 years),
(c) Falls within the jurisdiction of that Ombudsman, and
(d) Does not relate to a matter that involves only the governance of the Credit Union
In accordance with the Credit Union Act, 1997 (as amended) (“the Act”), because the Rules of the Credit Union give directions as to the manner in which disputes are to be decided, every dispute to which the Credit Union is a party shall be decided in that manner. Thus, a dispute by a member against the Credit Union under a contract constituted by the Rules of the Credit Union may not normally be referred to the courts and must be dealt with in accordance with the complaint’s procedure. Where no decision is made on a dispute within 50 days from the date on which the Complaints Form is submitted to the Credit Union, a member or former member may apply to the District Court which may hear and determine the matter in dispute.
An application for the enforcement of a decision made under the scheme may be made to the District Court.
As an alternative to availing of this scheme, the complaining member, and the Credit Union, may by consent, refer a dispute to the Registrar of Credit Unions who shall hear and decide the dispute. If a dispute is referred to the Registrar in this way, it will not be heard under this scheme.
The Member Complaints Procedure is drawn up in accordance with the Rules and the Credit Union Act 1997 (as amended). It is a standard scheme for all Credit Unions in the Republic of Ireland affiliated to the Irish League of Credit Unions and applies to the Credit Union following registration of its amended Rules under the Act. It will be appreciated; this guide only contains the principal features of the scheme and is not intended as a full legal analysis, nor should it be relied on as such.
Full details of the scheme are contained in Rule 108 of the Rules of the Credit Union, a copy of which will be available to the member on request from the Credit Union. The legal basis for the scheme is contained in Part VIII of the Act
- Payment Services Complaints Procedure
It is the aspiration of Mallow Credit Union that a complaint against the Credit Union will be resolved in a fair and equitable manner. In order that this is accomplished, the following is the procedure which a member should follow in order to have their complaint/dispute, in their capacity as a member, settled when it relates to a payment service provided by the Credit Union.
For a full description of this procedure, please see Article 125 of the 18012 S.I. No.6 of 2018 European Union Payment Services Regulations 2018
First of all: The complainant discusses the complaint with any client facing officer of the Credit Union who will,where possible, resolve the complaint. Then if the complaint is not resolved to their satisfaction, the “Complaints Form” is completed.
Within 15 working days of receipt of the written complaint: The Credit Union will provide a full written response, in a durable medium, to the member, addressing all points raised. Also, the member shall be informed of their right to contact the Financial Services & Pensions Ombudsman, who has jurisdiction over the settlement of disputes between payment service users and providers concerning their rights and obligations.
In exceptional circumstances, if the response is taking more than 15 working days for reasons beyond the scope of the Credit Union: The Credit Union will issue a holding reply to the member, by email or letter, informing of the reason for the delay and specifying the deadline by which they will receive a final reply.
In the above exceptional circumstances, if within 35 working days of receiving the complaint, the Credit Union is unable to comply for reasons beyond its control: The Credit Union must provide the final reply to the member. This correspondence will inform them of their right to refer their complaint to the Financial Services & Pensions Ombudsman, in situations where the member is unhappy with the outcome of the resolution process. It is important that they are aware, that they may only make such a referral, where they have not received a holding response after 15 business days, or some response 35 days after the Credit Union received their complaint.
The above will not apply, if; The Credit Union resolved the complaint to their satisfaction within 5 working days of receipt of the complaint and maintained a record of the resolution of the complaint to their satisfaction.
Once the investigation has been completed: the Credit Union will either by email or letter, inform the member of the outcome, including where applicable; any terms of any offer or settlement being made and; that the member may be in a position to make a complaint to the Financial Services & Pensions Ombudsman and;
that their ability to do will depend on whether, inter alia, that they fall within the scope of the class of persons who can make complaints to the Financial Services Ombudsman. Please see
below the contact details of the Financial Services & Pensions Ombudsman, Lincoln House,
Lincoln Place, Dublin 2, D02 VH29 Phone No: 353 1 567 7000 Email: info@fspo.ie
- SME Lending Complaints Procedure
It is the aspiration of Mallow Credit Union that a complaint against the Credit Union will be resolved in a fair and equitable manner. In order that this is accomplished, the following is the procedure which they should follow in order to have their complaint/dispute, in their capacity as a member, settled when it relates to a payment service provided by the Credit Union. For a full description of this procedure, please see Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Lending to Small and Medium-sized Enterprises).
First of all: Please discuss the complaint with any client facing officer of the Credit Union who will,where possible, resolve the complaint. Then if the complaint is not resolved to their satisfaction, please complete the “Complaints Form”.
Within 5 working days: If the complaint was not made in person, the Credit Union will acknowledge the complaint, either by email or letter, confirming the name of the officer appointed as their point of contact for the complaint.
Within 20 working days of receipt of the complaint: The Credit Union will provide a full written response, in a durable medium, to the complainant, addressing all points raised.
If response is taking more than 20 working days to resolve: The Credit Union will update the complainant by email or letter, every 20 working days of the progress of the investigation.
Within 40 working days of receiving the complaint: The Credit Union will aim to complete the complaints investigation.
If our response is taking more than 40 working days to resolve: We will inform the member by email or letter of; the anticipated timeframe within which the Credit Union expects to resolve the complaint, that they may be in a position to make a complaint to the Financial Services & Pensions Ombudsman and that their ability to do so, will depend on whether, inter alia, they fall within the scope of the class of persons who can make complaints to the Financial Service Ombudsman.
The Credit Union will provide the complainant with the contact details of the Financial Service & Pensions Ombudsman.
Once the investigation has been completed: we will either by email or letter, inform the member of the outcome, including where applicable; any terms of any offer or settlement being made and that the member may be in a position to make a complaint to the Financial
Services & Pensions Ombudsman and;
that your ability to do will depend on whether, inter alia, you fall within the scope of the class of persons who can make complaints to the Financial Services Ombudsman. Please see below the contact details of the Financial Services & Pensions Ombudsman, Lincoln House, Lincoln
Place, Dublin 2, D02 VH29 Phone No: 353 1 567 7000 Email: info@fspo.ie