Investigative Journalism and Learning Hub - Complaint to Financial Ombudsman Service Australia About Failure to Investigate Arthur J Gallagher Co Aus Limited Insurance Broker on 26 March 2018

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From: SP52948 owner
To: Financial Ombudsman Service Australia
Subject: Concerns about FOS Case and Arthur J. Gallagher & Co (Aus) Limited
Date: 26/03/18 23:38

Dear Mr [redacted name],

Thank you for the reply dated 18 March 2018.

Unfortunately, I am unable to accept it as a valid response as it did not address any of the issues reported in my original complaint.

Your decision was purely based on the assumption that:

a) AJG provided a financial service to BSC Strata Management and only they could lodge a dispute against AJG.

b) Decision is in accordance with paragraph 4.2(b)(i) of our Terms of Reference.

May I offer a few facts to challenge them:

1. According to the website claims, FOS can help when the financial service provider has acted unfairly, by:

breaking a law,

not meeting standards of good practice in the relevant industry sector,

2. AJG provided a financial service to strata plan, through, at the time, strata agency BCS Strata Management who acted without approval of the owners corporation at any legally-convened meeting or knowledge (confirmed in CTTT decision).

3. As strata plan was a recipient of financial service (insurance) through AJG, so am I - being one of 218 owners who PAID for such services both to CHU Insurance an AJG.

218-th part of the payments to the two corporations belong to my own funds. I am direct payer.

4. AJG did not act upon my warnings about what I had alleged to be fraud in my email to them in 2013, with direct consequence that over $24,000.00 was collected from CHU Insurance for CTTT case that did not exist ("Defence of Lot 3").

5. Privacy concerns have nothing to do with serious report of fraud, which, if they had investigated in 2012/2013 would not have had to be re-opened by CHU Insurance themselves in late 2016.

6. In 2016 and finalised in 2017, CHU Insurance claimed back $8,800.00 from owners for part of those claims in 2012/2013. That is maybe just part of the payments because EC members and Waratah Strata Management fail to disclose any information to owners.

7. AJG was a direct accessory before, at and after the fact for four insurance claims in 2012/2013.

8. AJG was a direct contributor to more than 53% raise in insurance premiums for strata plan in FY 2013, without obtaining multiple quotes on behalf of the owners corporation (unfair contract terms - ACCC).

9. In all legislations and corporations, ANONYMOUS complaints are taken seriously, if found to have sound grounds. Even though I am not a direct customer of AJG, they had/have duty of care to investigate claims.

I could simply submit a letter by post to them (without my address or name) and they should not ignore it, especially if the package contained copies of evidence.

Sincerely,

On 20/03/18 16:06, Financial Ombudsman Service Australia wrote:

Please see my attached letter.

Kind regards,

Terms of Reference Team

Financial Ombudsman Service Australia