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
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?

Administration frustration 2017

The professional trustee’s delay has cost Barbara money – should she be compensated?

Letting go 2018

Bryan complained about his insurance broker’s communications and behaviour in helping him with a marine insurance claim. Can Bryan complain to FSCL about his broker terminating their relationship, or bringing disrepute to the insurance profession?

How much for the mystery machine? 2018

Jane and Eric applied for a car financing loan. Jane complained to FSCL that the lender had breached responsible lending principles by relying on an inaccurate application. It had failed to consider that she had six children. Can Jane return the car and unwind the deal?

Tiny window, big loss 2018

Will an insurer cover your loss if an offender manages to squeeze through a tiny window to enter your house and steal from you?