(The Terms and Conditions represent a summary of the
OBS’s Terms of Reference
- The OBS does not provide legal advice and does not act as an attorney or consumer advocate. We will do an objective and impartial assessment of the details of your complaint and the bank’s response thereto. Based on our evaluation of all the 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 same to you.
- The process may take from 4 weeks up to 4 months to finalize, depending on the complexity of the case.
- The OBS or its staff members may not be held liable for any loss or damage that you may suffer due to us dealing with your complaint.
- You may withdraw your complaint at any time. Please inform us as soon as possible.
- Please inform us if you decide to institute legal action while your complaint is lodged with the
- If you accept a settlement from the bank, it will be in full and final settlement of your claim.ComplaintsViewModel. You will have no right to claim further amounts from the bank.
- The OBSmay dismiss your complaint if you fail to provide requested information, fail to reply to correspondence within a reasonable time, or if you are vexatious, abusive or insulting when communicating with the OBS.
- It may emerge that the complaint is very complicated, involving complex legal issues, or a dispute of fact that requires oral evidence by witnesses, is would be more suited to another forum.ComplaintsViewModel. 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 your debts owed to the bank. We recommend that you continue paying the debt even if the OBS is investigating your complaint. Seek independent legal advice before stopping any payments.
- Acceptance of your complaint by the OBS does not automatically suspend legal action against you.
- Do not publish any of the details of your complaint in any media after the OBS has accepted it. This does not promote the resolution of a dispute by informal means. The Ombudsman may, in his sole discretion, decline to continue investigation if, in his opinion, such publication were 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-resolving process, you / your legal representative cannot subpoena documents from the Ombudsman or any of his staff.
- You or your representative cannot order that any documents be discovered in terms of any rules of court.
- By your signature you authorise the bank to disclose any information or documentation it may have that the OBS may require to investigate your complaint.