(These Terms and Conditions (“T&Cs”) represent a summary of the OBS’s Terms of Reference available at www.obssa.co.za)
- The Ombudsman for Banking Services (“OBS”) does not provide legal advice and does not act as an attorney or consumer advocate. We will conduct an objective and impartial assessment of the details of your complaint and the bank’s response thereto. Based on our evaluation of all submitted information, we may suggest a conciliation, make a recommendation to resolve the dispute, or invite both parties to attend a mediation.
- If there is no prospect of making a finding in your favour we will issue an Assessment Report indicating this to you.
- The process may take anywhere from 4 weeks to 4 months to finalise, depending on the complexity of the case.
- Neither the OBS nor any person acting on behalf of the OBS and with the express authorisation of the OBS may be held liable for any loss or damage that you may suffer due to our dealing with your complaint, howsoever caused. · You may withdraw your complaint at any time. Please inform us as soon as possible if you decide to do this.
- Please inform us if you decide to institute legal action while your complaint is lodged with the OBS.
- If you accept a settlement from the bank, it will be in full and final settlement of your claim. You will have no right to claim further amounts from the bank.
- The OBS may dismiss your complaint if you fail to provide any requested information, fail to reply to correspondence within a reasonable time, or if you are vexatious, abusive or insulting when communicating with the OBS. We will not tolerate any language or behaviour that is prejudicial or injurious to the wellbeing of our staff members.
- It may become apparent that due to the complaint involving complex legal issues, or a dispute of fact that requires oral evidence by witnesses, it would be better suited to an alternative dispute resolution forum. In such a case, we will inform you and refer you to the more appropriate forum (such as a court of law).
- You remain legally obliged to continue paying any debts owed to the bank. We recommend that you continue paying the debt even while the OBS is investigating your complaint. Seek independent legal advice before stopping or pausing any payments.
- Acceptance of your complaint by the OBS does not automatically suspend any legal action against you.
- Publishing details of your complaint in any media after the OBS has accepted it could prove detrimental to the resolution of a dispute by informal means. The Ombudsman may, in his or her sole discretion, decline to continue an investigation if, in his or her opinion, such publication was indeed detrimental to the investigation.
- Your complaint and any documents you and the bank submit to the OBS are deemed confidential. The OBS has the right to decide which documents to disclose.
- Should your complaint become the subject of a court case or any other dispute resolution process, neither you nor your legal representative(s) can subpoena documents from the Ombudsman or any member of his or her staff.
- Neither you nor your representative(s) can order that any documents be discovered in terms of any rules of court.
- By your signature on the complaint form, you authorise the bank to disclose any information or documentation it may have in its possession and that the OBS may require to investigate your complaint. By my acceptance of these terms and conditions, I agree that my complaint will be processed by the Ombudsman in accordance with the Terms and Conditions as contained in the OBS Terms of Reference. The information provided in this form is, to my knowledge and at the date of my signature, true and correct. I understand that knowingly submitting a false claim may constitute the crime of fraud.
