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
When there is no trust in a trustee…. 2018

Julia had lost faith in the professional trustee who was administering her late grandfather’s estate, due to the trustee’s admitted errors. But did that mean she could use FSCL’s process to try and find further bases for complaint? Or should she just accept the trustee’s generous settlement offer?

Family debt difficulties 2019

Will a KiwiSaver trustee release money to pay a debt owed to your mum?

Artificial structures, real tax bills 2018

Teresa’s mortgage adviser arranged her a fantastic refinancing deal, with very low mortgage rates. However, a few months later, Teresa was received an $88,000 GST invoice. The IRD told Teresa the refinance had triggered a significant GST liability. Was the mortgage adviser responsible for Teresa’s unexpected GST bill?

Transfer not actioned 2018

Transferring funds from one fund to another resulted in loss. Was the loss was caused by the consumer’s own mistake or by the fund manager’s error?

Lending outside the law? 2019

Lending to a family trust is not covered by the responsible lending obligations of the Credit Contracts and Consumer Finance Act.

Timeshare troubles 2019

While on holiday, Mike and Liz joined a timeshare without realising they were locked in for 30 years and borrowing $20,000 to pay for the membership. Is there any possibility of cancelling the membership and loan agreement?

Quick resolution with a financial mentor’s help 2019

What happens when a loan to buy a vacuum cleaner becomes unaffordable?

Disputed credit card transaction 2019

A disputed credit card transaction is redebited to the customer’s account because the customer did not understand she needed to provide additional information.

Drain disaster 2018

Company A knew that it had to take steps to prevent concrete getting into holes in underground pipes. The question is whether it took ‘all reasonable precautions’, as required by its insurance policy?

Call me maybe? 2019

Caitlyn and her insurance adviser had arranged an insurance policy for Caitlyn, and all that was left to do was sign the contract. However, Caitlyn and the insurer never met to sign the contract, so when she had a heart attack a few months later, she did not have any cover. Should the adviser have done more to finalise the contract?