Disputes Resolution Process

Kubota Australia Finance (KAF) is committed to resolving any concerns quickly, honestly, and fairly.

There may be situations, where our customers are not satisfied with the information, service, or a response that KAF provide and they may wish to lodge a complaint. KAF has internal dispute resolution (IDR) procedures in place for resolving complaints and this is a free service for KAF customers and their representatives.

 

IDR – Internal Disputes Resolution process

  • To ensure customer complaint is handled fairly, we invite complainant to discuss their concerns directly with KAF representative or Kubota Australia Pty Ltd (Kubota) Dealership Representative they deal with initially.

The First Point of Contact will attempt to resolve the matter

If the first point of contact is unable to resolve the matter, it will be escalated according to KAF internal dispute resolution policy

  • If the customer wishes to raise their concerns to another party other than the KAF representative or the Kubota Dealership representative our Contact details are as follows
  • The nominated Dispute Resolution Officer, Kubota’s Compliance Officer

Via email:

clientrelations@kafinance.com.au

 

Via post to:  

Kubota Australia Pty Ltd

Dispute Resolution Officer (Compliance Officer)

25-29 Permas Way

Truganina VIC 3029

 

Via phone: 

1800 225 990

 

Via Website:

 

Via Social Media:

 

Timeframes

  • KAF will acknowledge the complaint within 24 hours (or one business day) of receiving it, or as soon as practicable
  • Where possible KAF will aim to resolve the complaint within 5 business days.
  • However, the RG275 sets out the Maximum IDR timeframes for KAF to provide an IDR response[1]

 

Standard complaints

No later than 30 calendar days after receiving the complaint

 

Credit-related complaints involving default notices

No later than 21 calendar days after receiving the complaint

 

Credit-related complaints involving hardship notices or requests to postpone enforcement proceedings

No later than 21 calendar days after receiving the complaint. Exceptions apply if KAF does not have sufficient information to decide, or if KAF reach an agreement with the complainant.

 

Insufficient information

If the KAF does not have sufficient information about a hardship notice to decide, KAF must request the information no later than 21 calendar days after receiving the complaint. The complainant must provide the information within 21 calendar days of receiving the request.

Once KAF has received the requested information, KAF has a further 21 calendar days to provide an IDR response.

If KAF does not receive the requested information within 21 calendar days of requesting the information, KAF has 7 calendar days to provide an IDR response.

 

Agreement reached

If agreement is reached about a hardship notice or request to postpone enforcement proceedings, the KAF has 30 calendar days to confirm the terms or conditions in writing.

  • If KAF is unable to meet these timeframes, KAF will provide complainant with regular updates throughout the process. KAF may need complainant’s assistance in obtaining further information, or if a longer assessment period is required, KAF will contact complainant to discuss the process and agree to next steps going forward.

 

 KAF’s investigation of Complaint

 Once KAF has decided on complaint, KAF may either:

  • provide the appropriate remedy which may involve providing an explanation, or taking necessary actions to rectify the issues complainant has raised, or
  • advise that KAF do not agree with the outcome that complainant seek and provide detailed reasoning for KAF’s decision. KAF will also inform complainant of how can KAF decision be reviewed externally

 

EDR – External Disputes Resolution process

Complainants may wish to use the External Dispute Resolution (EDR), if complainant is not happy with the outcome provided through the KAF IDR process or KAF does not decide about the complaint within the IDR timeframes.

 

Contact details for EDR

The Australian Financial Complaints Authority (AFCA) is an external dispute resolution organisation who is independent and impartial. Its procedures are approved by the Australian Securities and Investments Commission (ASIC). KAF holds membership of AFCA

AFCA is a free service to KAF customers.

The contact details for AFCA are as follows:

Australian Financial Complaints Authority (AFCA)

GPO Box 3,

Melbourne VIC 3001

Phone: 1800 931 678

Email: info@afca.org.au

Website: www.afca.org.au

 

KAF may directly refer a complaint to AFCA for resolution as well following obtaining the consent of the complainant.

This may occur where KAF has given an IDR response to the complainant, but the complaint remains unresolved and the complainant has not escalated it to AFCA.

 

Time limits

There are time limits for lodging a complaint with AFCA.

In most cases complainants have two years to lodge a complaint with AFCA after complainant has received a final response to the complaint from KAF.

If complainant has not complained to KAF, in most cases complainant has six years from when they first became aware of their loss to lodge a complaint.

 

AFCA may still consider some complaints lodged after the relevant time limit, if AFCA believe special circumstances apply.

 

AFCA decision

KAF is bound by decisions made by AFCA that are accepted by the complainant. However, if the complainant is not satisfied with AFCA’s decision, they may seek another course of redress.

For further information about AFCA and their process, please visit AFCA website[2]

 

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    [1] https://asic.gov.au/regulatory-resources/find-a-document/regulatory-guides/rg-271-internal-dispute-resolution/

    [2] www.afca.org.au