Complaints Policy

last updated: November 27, 2024

Overview

Guavapay Limited’s complaints policy has been created to meet general standards and regulatory requirements and complies with standard complaint handling procedures, including article 101 of the Payment Services Regulations 2017 and the Financial Ombudsman Service (FOS) rules.

The aim of this policy is to ensure that all customer complaints, either written or verbal, are handled in a consistent and regulated manner and that further complaint incidents are mitigated and where possible, prevented. Where a customer has cause to complain, a record will be made of the complaint nature and details to help improve our services and reduce the occurrence of similar complaints.

What is a complaint?

The Financial Conduct Authority Handbook defines a complaint as “any oral or written expression of dissatisfaction whether justified or not from, or on behalf of, a person about the provision of, or failure to provide, a financial service, a claims management service or a redress determination which alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience”.

Negative feedback not requiring a resolution or a formal investigation does not constitute a complaint, although Guavapay values and welcomes all feedback received from all customers.

Who is the complainant?

For the purposes of this policy, a complainant is a user of Guavapay’s services but could also include a person who applied for an account or other services.

Guavapay will not accept complaints pertaining to relations between users or between any user and a third party. This policy only covers complaints pertaining to the lack of or poor execution of e-money, payment and related services carried out by Guavapay.

Time limits to raise complaints

The Financial Ombudsman Service (“FOS”) in the UK sets up time limits for referral of complaints. Any complaint made outside of those timelines will be automatically rejected and answered to with an email explaining the rationale for the rejection.

The time limits to raise a complaint with Guavapay are as follows:

• within six (6) years following the issue resulting in the complaint; or (if later)

• within three (3) years of the complainant becoming aware (or should reasonably have become aware) that the complainant could have complained.

Complainants are advised to complain directly to us first, before bringing a complaint with the FOS. In the event a complainant is unhappy with Guavapay’s resolution, they may choose to complain to the FOS within six (6) months of receiving Guavapay’s final response. 

Unless the complainants can show exceptional circumstances justifying the delay, any complaints made after this timeframe are likely to be rejected by Guavapay or the FOS, as applicable.

How to make a complaint

To lodge a complaint, complainants may contact Guavapay in any of the following ways:

• you can chat with us through the MyGuava app or website;

• you can email us at [email protected]

• you can write to us at the following address: Complaints, Guavapay Limited, Salisbury House, 29 Finsbury Circus, London EC2M 5QQ, United Kingdom; and/or

• you can call Customer Support on +44 204 577 1440.

At the request of the complainant, Guavapay will provide a PDF copy of this Complaints Policy.

Complaint process and timeframes

Upon receipt of a complaint, Guavapay will endeavour to acknowledge any complaint in a timely manner. Guavapay will provide a final response as detailed below:

• Payment Services / Electronic Money Complaints (PSD/EMD): an investigation will be conducted and a resolution will be provided within 15 business days or, in exceptional situations, within 35 business days of the initial complaint being received. A final response will be sent in the form of a decision email.

• Other Complaints: an investigation will be conducted and either a resolution or an update with an explanation for reasonable delay in providing a final decision will be provided within 15 calendar days. A final response will be sent in the form of a decision email within 8 weeks from the initial contact.

All responses will always be provided in writing over email, unless the complainant makes a specific and reasonable request for an alternate form of communication, which will be provided in addition to the written format.

If Guavapay concludes that another party is responsible for the issue resulting in the complaint, the complainant will be redirected to the relevant party.

Content of Guavapay’s response

The final response from Guavapay will contain Guavapay’s findings further to the investigation and any decision regarding any action(s) to be taken or compensation awarded, which could be:

• acceptance of the complaint and if applicable, offer of redress or remedial action; or

• rejection of the complaint and explanation.

Details of the complainant’s right to refer to or lodge the complaint with the appropriate body should the complainant be unhappy with Guavapay’s final decision

The complainant is provided the option to forward the complaint to the FOS within six (6) months of receiving the final response from Guavapay. The final decision response from Guavapay will detail the FOS’s telephone number, website and email addresses, also available below:

The Financial Ombudsman Service

Website: https://www.financial-ombudsman.org.uk/contact-us/complain-online 

Email: [email protected]

Phone: +44 800 023 4567

The Information Commissions Office (ICO)

For complaints related to personal data and/or breaches of the data protection laws and regulations, the final response will include the complainants right to lodge a complaint with the ICO and will detail the ICO’s telephone number and website, along with the possibility of seeking a judicial remedy.

Phone: +44 303 123 1113

Website: https://ico.org.uk/make-a-complaint/ 

Record Keeping

Guavapay will keep a record of all complaints and relevant data associated with them for a minimum of five (5) years after the resolution of the complaint.