Position StatementsOur Position Statements provide financial services providers and consumers with guidance as to how we approach particular issues.
11 September 2017
This Position Statement covers:
What is family violence?
Alarm bells: what are indicators of potential family violence?
What issues might a consumer face in bringing their complaint to an FSP or to us?
What are some common complaints a consumer may raise?
How do we handle a complaint that involves family violence?
What other problems might the consumer be facing and what other issues do we take into account?
Where can the consumer get more help?
Should FSPs develop an internal guide?
26 April 2017
This Position Statement sets out:
13 JANUARY 2017
This Position Statement describes how we deal with complaints about unconscionable conduct. It sets out what we will consider when investigating such complaints, the information we will require from a consumer or financial services provider (FSP) and the remedies that may be available.
12 SEPTEMBER 2012
This Position Statement explains how we investigate systemic issues and serious misconduct and what we expect from a Member when these have been identified. In preparing this Position Statement, we have taken into account Regulatory Guides 139 and 165 issued by the Australian Securities and Investments Commission.
18 JANUARY 2012
Please note that Position Statement 6 has now been withdrawn.
5 DECEMBER 2011
This Position Statement is intended to provide guidance as to how we will deal with a complaint a consumer was provided, with an unsuitable credit product.
Nothing in this Position Statement is intended to be mandatory or taken as an exhaustive description of the steps required to comply with responsible lending obligations in every case.
This Position Statement takes into account and applies Regulatory Guide 209 issued by the Australian Securities and Investments Commission (ASIC).
6 DECEMBER 2011
This Position Statement describes how the Credit Ombudsman Service Limited (COSL) deals with complaints about default and serious credit infringement listings recorded on a borrower's credit file by a credit provider.
30 JUNE 2011
This Position Statement describes how we deal with complaints where a borrower seeks a stay of the lender’s execution of default judgment orders. While we cannot interfere with or overturn default judgment orders, we have identified instances where the Credit Ombudsman Service Limited (COSL) may determine that execution of the orders may be stayed.In preparing this Position Statement, we have considered relevant law, applicable industry codes of practice, good industry practice, and fairness.
3 MAY 2010
This Position Statement aims to describe how we deal with complaints about financial hardship; what we consider our lender members must do when a borrower claims they are unable to meet the payment terms described in their loan agreement or lease, or seeks a variation to the payment terms on the grounds of financial hardship.In preparing this Position Statement, we have had regard to the relevant law, good industry practice, applicable industry or regulatory codes of practice and fairness.
29 MARCH 2010
The aim of the Position Statements is to provide financial services providers and consumers with guidance as to how we approach particular issues. Being the first Position Statement issued by COSL, this document is more general in its scope.It summarises the circumstances in which COSL can deal with complaints about members, namely: