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Boomin Customer Complaints Procedure

Updated on September 2020

Contact Details

For any queries about this Procedure please contact [email protected]

Complaints Involving Third Parties

Please note that if your complaint relates to an estate agent with whom you are dealing, then in accordance with our Terms of Use, you should direct your complaint to the relevant agent who should have a complaints handling procedure in place. If they fail to deal with your complaint to your satisfaction, they are legally required to be a member of an independent redress scheme such as The Property Ombudsman, to whom you can further your complaint.

If your complaint relates to goods or services that you have purchased via a link to third-party sellers on Property Playground, then in accordance with our Terms of Sale any complaint must be directed to the third-party seller from whom you purchased the goods or services.

Our Procedures

  • Acknowledge the complaint in writing promptly
  • Where appropriate give details in our acknowledgement letter of the Financial Ombudsman Service
  • Make contact to seek clarification on any points where necessary
  • Fully investigate the complaint
  • Keep you informed of our progress
  • Discuss with you our findings and proposed response

You will receive contact from us advising on progress if we cannot respond immediately. We will let you have our final response as soon as possible and not later than eight weeks.

Definition of a complaint

The Financial Conduct Authority (FCA) defines a complaint as any oral or written expression of dissatisfaction from or on behalf of a customer, whether justified or not, which includes an actual or potential financial loss, material distress or material inconvenience. This definition is adopted for all complaints and not just those relating to FCA related matters.

The Financial Conduct Authority complaints rules apply to complaints:

  • Made by, or on behalf of an eligible complainant;
  • Relating to regulated activity;
  • Involving an allegation that the complainant has suffered, or may suffer, financial loss, material distress or material inconvenience;

Eligible Complainants

It is the firm’s policy to treat all complainants the same, however, eligible complainants are legally defined and have additional rights in law that we must acknowledge and adhere to.

Non FCA Complaints

A customer, for the purposes of this Policy, is a buyer, seller, tenant or landlord or a potential buyer, seller, tenant or landlord, member agent, customers that have registered on Property Playground or visit that site and Boomin Business Profile registration holders on Property Playground and may be a private individual or business.

Adviser or Provider

Customers often express dissatisfaction to their adviser about the product provider. We will need to establish whether or not your complaint relates to the advice given, the adviser service or the service or performance of the product provider. If unclear, this must not delay investigation and we will proceed with our own investigation. The complaints manager will review this matter and take the complaint to the provider, if appropriate, in consultation with you.

Investigation

The complaints manager will establish the nature and scope of your complaint having due regards to the Financial Conduct Authority’s direction where applicable and in all cases:

  • Deal with complaints promptly and fairly
  • Give complainants clear replies and, where appropriate, fair redress

Complaints Settled Within 3 Business Days

Complaints that can be settled to your satisfaction within 3 business days can be recorded and communicated differently.

Where we consider a complaint to be resolved to your satisfaction under this section, we will promptly send you a ‘Summary Resolution Communication’, being a written communication from us which:

  1. Refers to the fact that you have made a complaint and informs you that we now consider the complaint to have been resolved to your satisfaction;
  2. We will tell you that if you subsequently decide that you are dissatisfied with the resolution of the complaint you may refer the complaint to the Financial Ombudsman Service for FCA related complaints only;
  3. Indicates whether or not we consent to waive the relevant time limits, (where we have discretion in such matters)
  4. Provide the website address of the Financial Ombudsman Service; and
  5. Refer to the availability of further information on the website of the Financial Ombudsman Service.

In addition to sending you a Summary Resolution Communication, we may also use other methods to communicate the information where:

  1. We consider that doing so may better meet your needs; or
  2. We have already been using another method to communicate about the complaint.

Final response

This will set out clearly the firm’s decision and the reasons for it. If any compensation is offered a clear method of calculation will be shown.

For FCA related complaints we must include details of the Financial Ombudsman Service in the final response if dealing with an eligible complainant and a regulated activity, we will:

  • Explain that the complainant must refer the matter to the ombudsman within six months of the date of this letter or the right to use this service is lost
  • Indicate whether or not we consent to waive the relevant time limits.

Closing a complaint

We will consider a complaint closed when we have made our final response to you. This does not prevent you from exercising any rights you may have to refer the matter to the Financial Ombudsman Service on FCA related complaints.

Financial Ombudsman Service

We will co-operate fully with the Financial Ombudsman Service in resolving any complaints made against us and agree to be bound by any awards made by the Ombudsman. The firm undertakes to pay promptly any fees levied by the Ombudsman.

Contact:

The Financial Ombudsman Service, Exchange Tower, London E14 9SR

Tel: 0800 023 4567 (free for most people ringing from a fixed line) or 0300 123 9123 (cheaper for those calling using a mobile) or 020 7964 0500 (if calling from abroad)

Email: [email protected]

Website: www.financial-ombudsman.org.uk

Breach of Copyright Complaints

If you believe in good faith that materials hosted by Boomin infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information:

(a) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on Boomin are covered by a single notification, a representative list of such works);
(b) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Boomin to locate the material on the Boomin Platform;
(c) information reasonably sufficient to permit Boomin to contact the complaining party, such as the name, address, telephone number, and email address (if available) of the complaining party;
(d) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright or trademark owner, its agent, or the law; and
(e) a statement that the information in the notification is accurate and that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be advised that Boomin will not respond to complaints that do not meet these requirements.

If Boomin determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Boomin will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, your response must include the following information:

(a) your name, address, and telephone number;
(b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
(d) a statement that you consent to the service of legal proceedings from the person who provided the original complaint.

All copyright issues should be directed to [email protected]