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The Australian Financial Complaints Authority is a free dispute resolution service

The Australian Financial Complaints Authority provides a dispute resolution service for complaints against its members, including Motor Finance Wizard. The service is free of charge to consumers and can be used by a consumer without legal representation.

If you have difficulty making a complaint

If you have any difficulty putting your complaint in writing, don’t give up! The Australian Financial Complaints Authority’s Rules say that it will help you prepare your complaint if you have any difficulty in presenting it.  In doing so, AFCA will not be ‘taking sides’ or providing you with legal or financial advice, but will simply help you present your complaint as clearly and concisely as possible.

Consumer Action Law Centre can provide legal advice and assistance to draft your complaint. Contact details are below.

Step 1: Make a complaint to Motor Finance Wizard

Generally AFCA will only deal with a complaint if you have first tried to resolve the complaint with Motor Finance Wizard.

Your first action should be to write a letter to Motor Finance Wizard explaining why you are unhappy and what you want to resolve the dispute. A simple option is to prepare a complaint to AFCA and send that to Motor Finance Wizard first.  Sample letters can be found here.

If you have already made a complaint to Motor Finance Wizard, and it has not been resolved within 45 days, you can make a complaint directly to AFCA.

Step 2: See what Motor Finance Wizard says – the power is in your hands

If you don’t get what you want after making first contact with Motor Finance Wizard don’t be put off. You don’t have to accept an offer if you are not happy with it. AFCA has the power to investigate, assess and give a recommendation about an appropriate outcome and can make a determination which is binding on Motor Finance Wizard.

We suggest that you persist. It is unlikely that Motor Finance Wizard will offer you what you want in the first instance (or at all).

Step 3: Complain to AFCA

Complain to AFCA if your dispute is not resolved within 45 days, Motor Finance Wizard does not respond within 45 days or if you are not happy with the response you get from Motor Finance Wizard.

Details of how to complain are available from AFCA’s website. The sample letter here may help you in making a complaint.

Completing the sample letter

If you use our sample letter , you will need to set out all of the reasons you are unhappy with Motor Finance Wizard and what you want to resolve the dispute.

The sample letter is a guide only and will not necessarily cover all the complaints you might have. If you think any of the sections in the sample letter might apply to you, give details where suggested. It is important that the information you provide is correct and that you delete any sections which are not applicable to you.

Complaining to the regulators and your local MP

Regulator’s in this case include the Australian Securities and Investments Commission and Consumer Affairs Victoria.

The role of the “regulator” government agencies is to “police” the practices of industry. If you want to let a regulator know about your dispute with Motor Finance Wizard you can send your complaint to the Australian Securities and Investments Commission and Consumer Affairs Victoria. You can also write to your local MP to let him or her know about the dispute.

The Australian Securities and Investment Commission (ASIC) does not have a consumer dispute resolution function. It does not conciliate or advocate for individual consumers.

A complaint to a regulator will help the regulator monitor industry practices and, if there are a number of similar complaints, it might be used to take enforcement action against the a financial services provider like Motor Finance Wizard.

There are two benefits of complaining to a regulator:

• It can help the regulator take action to stop unfair practices and lead to improved behaviour by financial services providers, debt collectors and creditors in the future;
• If you send a copy of your complaint to the party you are in dispute with,. it sometimes encourages them to resolve your complaint.

Further assistance

Consumer Action Law Centre
Telephone: (03) 9629 6300, or 1800 466 477 for country callers.
Email: advice@consumeraction.org.au

If you are deaf or have a hearing or speech impairment, you can call through the National Relay Service (NRS):

• TTY users can phone 133677 then ask for 1800 466 477
• Speak & Listen (speech-to-speech) users can phone 1300 555 727 then ask for 1800 466 477
• Internet relay users can connect to NRS on www.relayservice.com.au then ask for 1800 466 477

This fact sheet is for information purposes only and should not be relied upon as legal advice. This information applies only in Victoria and was updated on 31 December 2015.