Please note that the New Zealand Banking Ombudsman may only consider complaints about banks that are members of the New Zealand Banking Ombudsman scheme.



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Complaints about investments in ING diversified yield fund and regular income fund

This is outline information about the complaints process. If the information you want is not here, please call the Banking Ombudsman helpline 0800 805 950 or email us at help@bankomb.org.nz

ING has made an offer to investors in these funds. The details of the offer are in letters sent out by ING in May and June 2009. Investors who have accepted the offer were required to waive all claims they may have against ING, ANZ and independent financial advisers. There is one exception to this. Investors who bought into either the DYF or the RIF (or both) relying on advice or information given by an ANZ adviser and who have accepted the offer can still complain to the Banking Ombudsman if they consider the advice or information was faulty.

If you made your investment through ANZ and you consider the ING offer that you have accepted is not enough compensation for loss you have suffered as a result of faulty advice or information, you can make a complaint. ANZ sent you information about the complaint process on 3 June 2009.

The information that follows is for investors who have accepted the ING offer and still want to make a complaint about ANZ. If you have not accepted the ING offer or if you want to complain about a bank other than ANZ, then please see the information on the page titled How to make a complaint.

If you have not yet made a complaint either to ANZ or to the Banking Ombudsman but want to make a complaint now.

You will need to fill in the form that ANZ has sent you and make a statutory declaration before a lawyer, JP or other authorised person. If you are not sure how to do this or need help, please call either the Banking Ombudsman helpline 0800 805 950 or the ANZ helpline 0800 867 226.

You must get the completed form and statutory declaration to ANZ by 31 July 2009. If you do not, neither ANZ nor the Banking Ombudsman will be able to consider your complaint.

ANZ will consider your complaint through its internal complaints process and will respond to you. If you do not accept ANZ’s response, you then have the right to complain to the Banking Ombudsman. It does not matter if ANZ’s response arrives after 31 July; once your complaint is in the process, that time limit no longer applies. However you will need to get your complaint to us within two months of ANZ’s response.

If you have made a complaint to ANZ but not to the Banking Ombudsman

Or

If you have made a complaint to the Banking Ombudsman and we have sent it to ANZ for consideration through its internal complaints process

You still need to fill in the form that ANZ has sent you and make a statutory declaration before a lawyer, JP or other authorised person. If you are not sure how to do this or need help, please call either the Banking Ombudsman helpline 0800 805 950 or the ANZ helpline 0800 867 226.

You must get the completed form and statutory declaration to ANZ by 31 July 2009. If you do not, ANZ will not consider your complaint further, and you will not be able ask the Banking Ombudsman to consider your complaint.

ANZ will continue to consider your complaint through its internal complaints process and will respond to you. If you do not accept ANZ’s response, you then have the right to complain to the Banking Ombudsman. It does not matter if ANZ’s response arrives after 31 July; once your complaint is in the process, that time limit no longer applies. However you will need to get your complaint to us within two months of ANZ’s response.

If you have complained to the Banking Ombudsman and your complaint has been allocated to an investigator or you have been told it is awaiting allocation.

You still need to fill in the form that ANZ has sent you and make a statutory declaration before a lawyer, JP or other authorised person. If you are not sure how to do this or need help, please call the Banking Ombudsman helpline 0800 805 950 or the investigator allocated to your case (also 0800 805 950) or the ANZ helpline 0800 867 226.

You must get the completed form and statutory declaration to ANZ by 31 July 2009. If you do not, the Banking Ombudsman will have no power to consider your complaint further and the investigation will be discontinued.

ANZ will tell us when it receives the form and statutory declaration and our investigation will continue.

For more information, call us on 0800 805 950 or email help@bankomb.org.nz


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