COMPLAINTS PROCEDURE

As a Borderway Finance and Cumberland customer, you expect a first class service from us, and we aim to provide it. We have high standards, but if you believe that we have made a mistake, please get in touch with us as soon as possible and we will do everything we can to put it right

We are also subject to the rules of the Financial Conduct Authority. In general terms, these rules give customers who are unable to satisfactorily resolve a complaint against us, the right to have this reviewed by an independent organisation called the Financial Ombudsman Service.

If your complaint relates to Discretionary Commission, please click here. If your complaint relates to another matter our complaints procedure is below.

We hope that our complaints procedure will resolve any complaint without the need for you to contact the Financial Ombudsman Service. Please note that the Financial Ombudsman Service will not investigate your complaint before the complaints procedure for Borderway Finance has been exhausted, and you have received a letter from Borderway Finance giving the final response to your complaint.

The below information shows the steps in our complaints procedure. At every stage we promise to listen, act fairly and to do everything we can to try to resolve your complaint.

Step One

If you have a problem relating to Borderway Finance, please discuss this with our Sales and Marketing Manager, who is available on 01228 595939.

You can also write directly to: Sales and Marketing Manager, Borderway Finance Ltd, Cumberland House, Cooper Way, Parkhouse, Carlisle. CA3 0JF.

Our aim is to deal with your problem sympathetically, fairly and quickly.

We will try to resolve the matter within 3 business days following the day on which you raised your complaint, although whether that is possible will depend upon the nature of your complaint.

If we believe your complaint has been resolved to your satisfaction within 3 business days following the day on which you raised your complaint, you will receive a letter confirming this from the Manager who has been dealing with the complaint.

Step Two

If we do not believe that your complaint has been resolved to satisfaction within 3 business days following the day on which you raised your complaint, it will be forwarded to the Managing Director to investigate further. A letter of acknowledgement will be sent to you from the Managing Director within 5 business days following the day on which you initially raised the matter.

The acknowledgement letter will provide the name and job title of the person who will be handling your complaint from this point onwards, set out our understanding of your complaint, and confirm the date by which you can expect to be sent a final response to your complaint.

You may also be asked for additional information if this is required to assist in resolving the matter.

In all but very exceptional cases, we aim to provide you with the final response from Borderway Finance within 56 days of receipt of your complaint. This response will be accompanied by the Financial Ombudsman Service’s explanatory leaflet.

Step Three

Financial Ombudsman Service

If you are still not satisfied with the action taken by Borderway Finance and its final response to your complaint, you can write to the Financial Ombudsman Service at Exchange Tower, London E14 9SR within six months of the date of the Society's final response letter. Telephone: 0300 123 9123 or e-mail: complaint.info@financial-ombudsman.org.uk

Your letter should give details of your complaint and enclose copies of correspondence you have had with Borderway Finance, and any other relevant documents. You should also tell the Financial Ombudsman Service that you have followed the Complaints Procedure for Borderway Finance but you are unhappy with the outcome.

Please remember that the Financial Ombudsman Service cannot investigate your complaint until we have given you our final response letter, unless we have not done this within 56 days following receipt of your complaint.

In these very exceptional cases, we will write to you to explain why this has not been possible, indicate when we expect to be able to make a final response, inform you that you may refer the matter to the Financial Ombudsman Service, and enclose a copy of its explanatory leaflet.

The Financial Ombudsman Service will consider your complaint free of charge, taking into account any points made by you and Borderway Finance.

The Financial Ombudsman Service will refuse to investigate a complaint where you have not contacted them within six months of the final response letter from Borderway Finance, to tell them you are still dissatisfied and there are no “exceptional circumstances” as to why this is the case.

If you do accept the decision within this time limit, it is normally final and binding on both yourself and Borderway Finance, although in exceptional circumstances the matter may be open to judicial review.

If you do not respond within the stated time limit, or do not accept the Financial Ombudsman Service’s decision, then Borderway Finance are not bound by it.


Discretionary Commission

On the 11 January 2024 the Financial Conduct Authority announced their intention to undertake work in the motor finance market in relation to historic motor finance agreements where a discretionary commission model was used. You can read more about their announcement here: www.fca.org.uk/news/statements/fca-undertake-work-motor-finance-market.

As part of their work, the FCA has confirmed that;

  • They are pausing the 8 week deadline for firms, such as Borderway Finance, to provide a final response to a complaint in relation to a Discretionary Commission arrangement. This pause will last for 37 weeks, approximately 9 months, until the 25 September 2024.
  • If you have previously complained to us regarding a Discretionary Commission model, and we have issued our Final Response between 12 July 2023 and 10 January 2024, the period you are able to refer your complaint to the Financial Ombudsman service has been extended from 6 to 15 months. Details of how you can do this are set out above in Step Three of our Complaints Procedure.

To find out more information from the FCA and their review into the motor finance market, you can visit their website here: www.fca.org.uk/consumers/car-finance-complaints.

Making a Complaint

So we can handle your complaint efficiently, please ensure you have your agreement number, name, address, vehicle make, model, registration number and the full details of your complaint to hand. If you write or email us, please include the above information. If you wish to make a complaint you can contact us in the following ways:

Once we receive your complaint, we’ll write to you to acknowledge receipt of it and the details of who’ll be handling your complaint.