Dispute over cancelled policy: FST orders FAIS Ombud to reconsider decision
The Tribunal’s decision underscores that financial advisers’ duties are limited to the specific terms of their engagement.
The Tribunal’s decision underscores that financial advisers’ duties are limited to the specific terms of their engagement.
The Ombud failed to investigate key facts around the broker’s alleged negligence in communicating an essential policy requirement.
The increase is below the 6% CPI-related increase permitted by the Levies Act.
From misrepresented investment products to overlooked policy details, the cases show how advisers can better serve clients by providing clear, timely, and relevant information.
More than R39m awarded to consumers as complaints settled in their favour increased from 29% to 35% in 2023/24.
The planner acted in the client’s best interest, highlighting the importance of clear communication and thorough record-keeping in financial advice.
Key achievements include the creation of the National Financial Ombud Scheme and the new FAIS Ombud Rules.
FSPs will have to budget for an additional R32 per key individual or representative in the 2025/26 financial year.
Trust is an essential element in the relationship between advisers and consumers, who have a responsibility to verify aspects of their adviser’s credentials and standing, says the Financial Planning Institute.
The Office has sorted out the ‘embarrassing’ backlog of cases John Simpson inherited and has set timeframes for resolving complaints.
The adviser brought an application for the FAIS Ombud’s determination and the Tribunal chairperson’s decision to be reviewed in terms of PAJA.
The new Rules also incorporate the proposal to raise the Ombud’s jurisdictional limit from R800 000 to R3.5 million.
The complainant was aggrieved because he received R470 000 from the R700 000 put into an investment plan with income.
The National Financial Ombud’s jurisdiction will be expanded in phases to include the activities of all regulated financial institutions.
There is a high degree of consensus over the reform recommendations put forward by the World Bank Group, says Treasury.
And the requirement to accept oral complaints applies to financial institutions, not only ombuds.
The FAIS Ombud issues a determination after the FSP fails to follow through on its undertaking to settle the claim.