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
Wife’s savings are a reasonable alternative source of funds 2015

KiwiSaver trustee declines significant financial hardship application because applicant’s wife had savings the family could have used to meet their minimum living expenses.

What’s the real cost of that complaint? 2014

A valuable client complains you failed to provide them with the service they requested and they have suffered a loss because of it. You’re confident that you acted correctly and without written confirmation you were not obligated to provide the service. How can you handle the complaint to satisfy your client and ensure that you are not paying for something you didn’t do?

The debt that would not die 2015

Over 9 years ago Jason's car was repossessed. Jason was left with a residual debt owing to the car finance company. However, the car finance company agreed to wipe the residual debt. Recently, Jason was contacted by a different finance company to collect the same debt.

Contractual and statutory post-judgment interest, crystallisation, and a large debt 2014

Sarah originally took out a loan in 2004 for $5,220. The vehicle which was security for the debt was repossessed and sold. Sarah’s debt was then purchased by another finance company in 2006 and by 2014 the balance was around $17,500. Sarah’s daughter complained that interest and fees had been charged incorrectly, and the balance of the debt was too high.

An unwelcome surprise: Interest can accrue on court ordered debts 2014

Jill’s debt was in arrears and the creditor obtained a court order for Jill to make weekly payments towards the debt. Jill believed that she had almost paid off her debt in full. However, Jill was then told that interest had been accruing on her debt and she needed to continue with her payments.

A problem with a tablet 2014

A door to door sale which goes wrong: a dispute over a tablet, delay in delivery, and a cancellation fee.

The consequences of incorrect advice 2014

Adviser incorrectly advised customer insurer would refund premium loadings influencing customer’s decision to keep policy causing customer direct loss and financial hardship.

A lapsed policy results in no cover 2014

An unfortunate situation of lapsed health policies and a subsequent cancer diagnosis. FSCL investigates whether there was evidence of reinstatement of the policies.

A death in Bali 2013

Can your travel insurance claim be declined for failing to hold the overseas country’s drivers’ licence?

Keep calm and cool off 2012

Jimmy arranged finance to buy a TV. When Jimmy said he wanted to cancel the contract the as told a $280 cancellation fee would apply. Jimmy said the fee was not disclosed to him.