Complaints procedure in relation to payment service providers
Where a person is unhappy with the services provided by a payment services institution he or she should, in the first instance, instigate the formal complaints procedure of that firm.
If a complainant remains dissatisfied and believes that (s)he has a case, then a complaint may be submitted to the GFSC with regard to payment service providers' alleged infringements of the requirements of the Financial Services (Payment Services) Regulations 2018. This process does not preclude a person's right to bring proceedings before the Supreme Court though anyone contemplating such action should always consider taking legal advice at an early stage.
Who can complain?
Payment service users and other interested parties, including consumer associations, may submit complaints to the GFSC with regard to payment service providers' alleged infringements of their legislative requirements.
There are out-of-court redress procedures for the settlement of disputes between payment service users and their payment service providers in relation to disputes concerning rights and obligations arising under the Payment Services Directive II.
How do I complain?
If you wish to make a complaint, please do so in writing (this can be by e-mail). We cannot investigate complaints that are not made in writing, so please do ensure that you write to us and provide as much detail as possible to carry out a thorough investigation.
The address to write to is:
Payment Service Team
Gibraltar Financial Services Commission
PO Box 940
Suite 3, Ground Floor
You can also contact us from here
Please provide us with the following information:
- Your name and contact details;
- Whether you are complaining on your behalf or on behalf of a company
- Whether or not you are a payment service user;
- the identity of the payment service provider(s) that has/have given rise to the complaint of an alleged infringement of requirement; and
- a description of the situation that gave rise to the complaint of an alleged infringement of requirement.
How will my complaint be dealt with?
Once we have received a complaint from you, we will decide whether it is a complaint that can be investigated under the complaints process. You will receive an acknowledgement within five working days of receipt of the complaint. If we decide not to investigate the complaint, we will write to you and advise you of this. If we decide to investigate a complaint, it will be investigated as quickly as possible. We will try to keep you updated on key dates.
We will aim to ensure that we complete the investigation of a complaint within eight weeks.
What if I am unhappy with the outcome, or if I am not satisfied with the progress of the investigation of the complaint?
You may decide to bring proceedings before the Supreme Court.
Is there a time limit on making a complaint?
Yes. You should complain within 12 months of the date on which you first became aware of the circumstances of the complaint. If made later than this, your complaint will only be investigated if you can show a good reason for the delay.
Does it cost anything?
No. There is no charge for the investigation of a complaint.