Financial counsellors sound alarm at private assistance services that take fees from payouts


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Melanie Hopkinson wants people to know financial counsellors can lodge complaints free of charge. (ABC Radio Perth: Emma Wynne)


The Financial Counsellors Association of WA has warned that services that charge fees to lodge complaints with banks and the financial ombudsman on behalf of customers are not necessary.

Melanie Hopkinson, the association's chief executive, said services had sprung up that work on a "no win, no fee" basis, taking up to 40 per cent of any payout a complainant might receive.

"They offer to take the fight to the ombudsman for you," Ms Hopkinson told Nadia Mitsopoulos on ABC Radio Perth.


"That could be for a complaint against a financial provider for junk insurance.

Ms Hopkinson said she wanted the public to understand that financial counsellors will do the same for the clients — free of charge.

She said the complaint process to the Australian Financial Complaints Authority (AFCA) was designed to make it easy for people to lodge complaints on their own.

"What we want people to focus on is that there are free alternatives out there," she said."And then if you do get your compensation, 100 per cent of it will go to you."


Commissions could take bite out of compensation

In a statement, a spokesperson for AFCA said it was free to use, and the service was designed so that people did not need to engage a paid representative.

AFCA also said that any compensation awarded would not take into account whether a consumer had used a paid service to lodge their complaint.

"By coming directly to us, you get to keep every cent of any compensation you are owed," the spokesperson said.

"That said, if someone decides to use a paid representative, we'd encourage them to ensure the paid representative makes a detailed submission to the financial firm first, through the firm's own complaints process — more formally known as internal dispute resolution.

"This can be the fastest way of achieving an early resolution."


Services offer to do 'heavy lifting'

One of these paid services is Perth-based website EquiClaim, which offers to help consumers with complaints against banks and takes 40 per cent of any compensation awarded.

"We're addressing the gaps in the system for those who are left behind," EquiClaim director Ronald Ng said.

"And we fully understand that there are other pathways so that you can do it yourself. If you do qualify, you can go and talk to financial counsellors, or you can talk to legal aid, or you can talk to other advisers."

Mr Ng defended the 40 per cent fee, saying his company did the "heavy lifting" for its customers.

"We've looked at the marketplace … and [the fee] mirrors the litigation funding [model], which has been in place for a fair while," he said.

"We're a private organisation, so we don't get the funding that some of the other organisations will get that are government-funded or some of the not-for-profits."


Stigma in asking for help

Ms Hopkinson said many people were unaware that free financial counselling services existed, and for some, there might be an element of shame in asking for help with money problems.

"I think for some people, there is no awareness that the free services exist," Ms Hopkinson said.

"And I also think people get overwhelmed by the prospect of thinking there's going to be an awful lot involved."

Ms Hopkinson said there were about 150 counsellors in Western Australia, and people could contact the National Debt Helpline to be connected to one.

Written by Emma Wynne, ABC News.
 
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It's not just complaints you need to becareful with but also solicitors.

I was involved in medical negligence 5 1/2 years ago which left me in a lot of pain, more surgeries and losing my whole umbilicus plus a lot of abdominal wall. I have trouble bending ,lifting even a washing basket.

I sued , I won and solicitor took half of it.
He told me I was also entitled to make an insurance claim for TPD on my super. Again they would have taken a large chunk.

I contacted my super and was sent the forms and booklet in what I had to do.

I gathered reports from GP, surgeon and my psychologist.

Took me maybe 8 weeks to gather reports and fill in the forms but after 6 months it was approved and wasn't that hard to do.

I saved $15,000 in solicitors fees. I only had $50,000 in the TPD so $15,000 was a lot.
Solicitors will try to get you to let them claim stating you have a higher rate if winning but it's not true. My solicitor would have done exactly what I did
 
It's not just complaints you need to becareful with but also solicitors.

I was involved in medical negligence 5 1/2 years ago which left me in a lot of pain, more surgeries and losing my whole umbilicus plus a lot of abdominal wall. I have trouble bending ,lifting even a washing basket.

I sued , I won and solicitor took half of it.
He told me I was also entitled to make an insurance claim for TPD on my super. Again they would have taken a large chunk.

I contacted my super and was sent the forms and booklet in what I had to do.

I gathered reports from GP, surgeon and my psychologist.

Took me maybe 8 weeks to gather reports and fill in the forms but after 6 months it was approved and wasn't that hard to do.

I saved $15,000 in solicitors fees. I only had $50,000 in the TPD so $15,000 was a lot.
Solicitors will try to get you to let them claim stating you have a higher rate if winning but it's not true. My solicitor would have done exactly what I did
Good for you @Suzanne rose! I had a similar experience 15 years ago after my work accident,
The union at my workplace recommended I see Mauricel Blackburn Lawyers to assist me. After more than 2 years of them having changed my Lawyer four times, one telling me I can get a very substantial payment and the last lawyer telling me I'm wasting my time!
I left them for another law firm and soon found out that if I still won my case, I owed them $25,000 for not informing them that I was changing law firms
.
Well, I did win my case after 4.5 years and also found out only after the case, that a further amount would be taken out for private Medical Aid (which I had to join, and wait a further year for surgery, as the Government Hospital did not provide those surgeries), as well as Medicare for the two hand operations that were done at the Government Hospital! Total = $169,000...!
WARNING - for anyone who is, or is planning to be, in a legal dispute, with a "No Win No Pay" Lawyer - BE AWARE! Some things you need to know, THAT I DIDN'T...:
1. If you are given financial assistance from Centrelink during a legal dispute (Disability, Job Seeker, etc.) and you WIN YOUR CASE, you have to refund every cent back to Centrelink.
2. If you DO win your case, Centrelink will not support you financially in any way whatsoever, for the first TWO YEARS after receiving your payment.
 
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Good for you! I had a similar experience 15 years ago after my work accident,
The union at my workplace recommended I see Maxwell Blackburn Lawyers aaato assist me. After more than 2 years of changing my Lawyer four times, one telling me I can get a very substantial payouy and the last one telling me I'm wasting my time!
I changed lawyers and soon found out, if I still win my case, I owed then $25,000 for nit informing them
Wow. I paid my solicitor and barrister over $120,000
 
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