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
Spiralling debt not responsible lending 2020

What happens when a borrower withholds information about their financial situation but the lender also fails to properly assess affordability on the information that is available?

Does your broker have to go above and beyond for you? 2020

Tahi suddenly can’t afford her annual insurance premiums due to the impact of Covid-19 on her business and income. Tahi doesn’t think her insurance broker does enough to help her situation.

Financial abuse leaves borrower in debt 2020

Anna’s partner left her with significant debt that, if the lender had met their responsible lending obligations, could have been avoided

Brokerage commission claw back fee 2020

When Kahurangi repaid her loan early, her mortgage broker sent her an invoice for the commission the bank had recovered from him. Does Kahurangi have to compensate her mortgage broker for the commission clawed back by the bank?

Locked in losses: KiwiSaver and the pandemic-panic 2021

Janet locks in her KiwiSaver losses following the sharp, pandemic-led, market downturn in early 2020.

We cannot investigate because it is not your loan 2021

Tim purchased a car from a private seller. Tim did not know the seller had an unpaid loan balance that the car was security for. The seller stopped paying their loan and the lender repossessed Tim’s car. Tim complained to us because he wanted his car back. We could not investigate because Tim had not received a financial service from the lender.

Nowhere to hide for hidden costs 2021

Tony and Liz were distressed to discover that what they had thought were just insurance premiums sometimes included big fees for their insurance broker. But must the broker pay them back?

A shift in ACC cover causes a big loss 2019

When Callum suffers a severe accident, he receives less from the ACC than he thought he would.

Failure to act in client’s best interests 2020

Sobitha’s financial adviser was unable to show that he acted in Sobitha’s best interests when recommending an insurance change that left Sobitha with less cover than she believed was in place

Declined KiwiSaver significant financial hardship withdrawal 2021

Scheme supervisor declined a KiwiSaver significant financial hardship withdrawal for the cost of orthodontic treatment.