Case Studies

Our case notes show how we deal with the many different issues that arise in our case investigations. The case notes aim to provide consumers and participants with guidance as to the approach we are likely to take in a particular type of case or highlight some of the many different ways in which a complaint can be resolved.

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Title Year Case summary
Too thirsty to travel 2018

Renee had poor impulse control as a result of a brain injury and was hospitalised after drinking too much water. Renee had to cancel her planned trip to Italy but her travel insurer refused to reimburse her cancellation costs due to a mental illness exclusion.

Not-So-Easy rider 2018

The travel agent knew the holiday was a motorcycle trip – should she have sold a policy that excluded all but 200cc motorcycles?

Dude where’s my car 2018

Emily and Jasper used a foreign exchange service to purchase an overseas luxury car. Unfortunately, the money was transmitted to a scam account and they did not receive their car. Emily and Jasper complained about the practices of the foreign exchange company and its role in the fraud.

Paying fees for no service 2018

Bradley tried to use his travel card overseas but could not access his money. Bradley complained that he was charged various fees but was not provided with any service. Can Bradley get his money back?

I’ll never settle for you 2018

Jesse arranged a date to settle her mortgage, but on settlement day she found she did not have enough money to pay off the loan. She later discovered that she was only short on funds because the lender had incorrectly calculated the amount she needed to pay. What could Jesse do?

Paying the wrong account 2018

Lisa had been making payments to the wrong bank account for her credit card. When she found out, the credit card company refunded her money, but Lisa remained concerned they had kept her money for a month and did not contact her. Can Lisa complain about the credit card company’s service and seek improvements in their process?

Under duress 2018

Mary applied for a car loan with her partner. Mary complained that she was under duress and forced into the loan application. Can Mary return the car and unwind the deal?

But that’s my money! 2018

Jodie became unwell and could not work. She applied to withdraw money from her KiwiSaver but was told she did not have a serious illness that stopped her from working permanently. Is Jodie entitled to withdraw from her KiwiSaver to pay off her debt?

I’ve waited 5 years to make a claim on my income protection insurance, and it’s my insurer’s fault I’ve been adjudicated bankrupt. 2017

In 2011 Martyn suffered an injury, could not work, and received ACC payments for 9 months. However, the ACC advised in 2012 that he was paid in error and he had to repay $12,000. Martyn submitted a claim to his insurer in 2014, but did not provide enough information for his claim to be assessed. Martyn contacted the insurer again in 2017 when the ACC filed bankruptcy proceedings. Martyn said if the insurer had assessed his claim sooner, he would not have been adjudicated bankrupt.

Drilling, ducting, … damaging? 2017

The ground collapsed and it cost $250,000 to repair – but was there any actual damage?