DISP 1.10 Complaints reporting rules

1 Where a firm has forwarded to another respondent only part of a complaint or where two respondents may be jointly responsible for a complaint, then the complaint should be reported by both firms.1

1Not all the firms in the group need to submit the report jointly. Firms should only consider submitting a joint report if it is logical to do so, for example, where the firms have a common central complaints handling team and the same accounting reference date.

For the purpose of DISP 1.10.2 R, when completing the return, the firm should take into account the following matters.

1. (1)

   If a complaint could fall into more than one category, the complaint should be recorded in the category which the firm considers to form the main part of the complaint.

2. (2)

   Under DISP 1.10.2R (3)(a), a firm should report any complaint to which it has given a response 1which upholds the complaint, even if any redress offered is disputed by the complainant. For this purpose, 'response' includes a response under the complainant's written acceptance rule (DISP 1.6.4 R), the two stage complaints procedures rule (DISP 1.6.5 R) (unless a final response was sent later) and a final response .1 Where a complaint is upheld in part or where the firm does not have enough information to make a decision yet chooses to make a goodwill payment to the complainant1, a firm should treat the complaint as upheld for reporting purposes. However, where a firm rejects a complaint, yet chooses to make a goodwill payment to the complainant, the complaint should be recorded as 'rejected'.

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3. (3)

   If a firm reports on the amount of redress paid under DISP 1.10.2R (4), redress should be interpreted to include an amount paid, or cost borne, by the firm, where a cash value can be readily identified, and should include:

   1. (a)

      amounts paid for distress and inconvenience;

   2. (b)

      a free transfer out to another provider which transfer would normally be paid for;

   3. (c)

      goodwill payments and goodwill gestures;

   4. (d)

      interest on delayed settlements;

   5. (e)

      waiver of an excess on an insurance policy; and

   6. (f)

      payments to put the consumer back into the position the consumer should have been in had the act or omission not occurred.

4. (4)

   If a firm reports on the amount of redress paid under DISP 1.10.2R (4), the redress should not, however, include repayments or refunds of premiums which had been taken in error (for example where a firm had been taking, by direct debit, twice the actual premium amount due under a policy). The refund of the overcharge would not count as redress.

If a complaint is reported as closed under DISP 1.10.2R (2) because the complainant has not replied to the firm within eight weeks of a written response which meets the requirements in DISP 1.6.5 R, the firm may treat the date of that response as the date when the complaint was closed for the purposes of the reporting requirements in DISP 1.10.2R (2).