Complaints

SMARTTWAY LTD T/A Etemad Sarafi (ETEMAD SARAFI) – Complaints Procedure

 

1. Introduction

1.1 Etemad Sarafi (“the Company”) strives to deliver its services to the highest possible standards. The Company values and encourages feedback, including complaints, as they provide an opportunity to learn, improve, and address shortcomings.

1.2 This procedure outlines the process for handling complaints raised by individuals concerning the Company’s services, activities, or standards. Complaints may relate to actions taken (or not taken) by ETEMAD SARAFI, the quality of its services, or general dissatisfaction with dealings involving the Company.

1.3 Complaints will be managed in accordance with this procedure. Any disputes or queries regarding the appropriate procedure for handling a complaint will be resolved by the Director of SMARTTWAY LTD T/A Etemad Sarafi.

 

2. Definitions

2.1 Complaint

ETEMAD SARAFI defines a complaint as any oral or written expression of dissatisfaction (via email at [email protected]), whether justified or not, from or on behalf of a person, regarding:

  1. The provision of, or failure to provide, a financial service or redress determination.
  2. Allegations that the complainant has suffered (or may suffer) monetary loss, material distress, or material inconvenience; and
  3. Activities of ETEMAD SARAFI or associated firms involved in marketing or providing financial services or products within the jurisdiction of the Financial Ombudsman Service (FOS).

2.2 Eligible Complainant

ETEMAD SARAFI defines an eligible complainant, in line with DISP 2.7.3, as a person who meets one of the following criteria:

  1. A consumer.
  2. A micro-enterprise, either:

(a) At the time of the payment service contract’s conclusion, or (b) When the complaint is referred to the respondent.

  1. A charity with an annual income below £6.5 million at the time the complaint is referred.
  2. A trustee of a trust with a net asset value below £5 million at the time the complaint is referred.
  3. A CBTL consumer in relation to CBTL business.
  4. A small business at the time the complaint is referred.
  5. A guarantor.

To qualify, the complaint must arise from:

  • The individual being (or having been) a customer, payment service user, or electronic money holder of ETEMAD SARAFI; or
  • The individual being a potential customer, payment service user, or electronic money holder of the respondent.

2.3 Non-Eligible Complainant

A non-eligible complainant is defined as someone who does not meet the criteria outlined in DISP 2.7.3 but whose complaint arises from:

  • Being (or having been) a customer, payment service user, or electronic money holder of ETEMAD SARAFI; or
  • Being a potential customer, payment service user, or electronic money holder of the respondent.

ETEMAD SARAFI will address non-eligible complaints in accordance with its regulatory obligations under Regulation 101 of the PSRs 2017.

 

3. Complaint Process

When ETEMAD SARAFI is deemed solely or jointly responsible for a complaint, it will apply the following complaints management process to ensure timely and reasonable resolution:

  • Complaints may be submitted free of charge by eligible and non-eligible complainants via any reasonable means.
  • The complaint will be acknowledged within three business days (where possible).
  • All complaints will be thoroughly investigated.
  • Resolutions will be provided within 15 business days where possible.
  • Responses to complaints will be issued no later than 35 business days.
  • Complaints requiring resolution will be duly recognized.
  • Replies will be sent on paper or, if mutually agreed, in another durable medium.

3.2 Acknowledging a Complaint

Upon receipt of a complaint, ETEMAD SARAFI will issue a written acknowledgment within three business days using the Acknowledgment Letter Template. This will reassure the complainant that the matter is being addressed.

3.3 Complaints Investigation Process

ETEMAD SARAFI will assess complaints fairly, consistently, and promptly, considering:

  • The subject matter of the complaint.
  • Whether the complaint should be upheld or rejected.
  • Appropriate remedial actions or redress.
  • Whether another party may be solely or jointly responsible.

3.4 Summary Resolution Communication

If a complaint is resolved within three business days, ETEMAD SARAFI will send the complainant a summary resolution communication. This written communication will:

  • Acknowledge the complaint and state that it has been resolved.
  • Inform the complainant of their right to refer the matter to the Financial Ombudsman Service (FOS) if dissatisfied.
  • Indicate whether time limits for referring the complaint to the FOS will be waived, as per DISP rules.
  • Provide the FOS website address and details of additional information available on their website.

3.5 Final Response

In compliance with DISP rules and the Payment Services Directive (PSD), ETEMAD SARAFI will adhere to the following timeframes for payment service complaints:

  • A reply will be issued within 15 business days of receiving the complaint.
  • If a final response cannot be issued within 15 business days due to exceptional circumstances, ETEMAD SARAFI will:
    • Send a holding response explaining the delay and specifying a final response deadline; and
    • Issue a final response within 35 business days.

The final response will clearly state whether the complaint is upheld or rejected, provide reasons for the decision, and outline any redress offered (including the method of calculation). The complaint will be considered closed upon issuance of the final response. Eligible complainants will be informed of their right to refer unresolved complaints to the Financial Ombudsman Service (FOS).

3.6 Complaint Forwarding Rules

If ETEMAD SARAFI receives a forwarded complaint, it will handle the matter as though it were received directly, applying the same time limits from the date of receipt. Where another party may be solely or jointly responsible, ETEMAD SARAFI may forward the complaint to them. In such cases, ETEMAD SARAFI will promptly inform the complainant in a final response, providing the contact details of the other party.