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DISP 1.10 Complaints reporting rules

DISP 1.10.1RRP

Twice a year a firm must provide the FSA with a complete report concerning complaints received from eligible complainants. The report must be set out in the format in DISP 1 Annex 1.

2Forwarded complaints2

DISP 1.10.1ARRP

1 A firm must not include in the report a complaint that has been forwarded in its entirety to another respondent under the complaints forwarding rules.1

1
DISP 1.10.1BGRP

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

1

Joint reports2

DISP 1.10.1CRRP

1Firms that are part of a group may submit a joint report to the FSA . The joint report must contain the information required from all firms concerned and clearly indicate the firms on whose behalf the report is submitted. The requirement to provide a report, and the responsibility for the report, remains with each firm in the group.

DISP 1.10.1DGRP

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.

Information requirements2

DISP 1.10.2RRP

DISP 1 Annex 1 requires (for the relevant reporting period) information about:

  1. (1)

    the total number of complaints received by the firm;

    1
  2. (2)

    the total number of complaints closed by the firm:

    1. (a)

      within four weeks or less of receipt;

    2. (b)

      more than four weeks and up1 to eight weeks of receipt; and

      1
    3. (c)

      more than eight weeks after receipt;

  3. (3)

    the total number of complaints:

    1. (a)

      upheld by the firm in the reporting period; and1

    2. (b)

      outstanding at the beginning of the reporting period; and1

      1
  4. (4)

    the total amount of redress paid in respect of complaints during the reporting period.

DISP 1.10.2ARRP
  1. (1)

    4Twice a year a firm must provide the FSA with a complete report concerning complaints received from eligible complainants about matters relating to the retail investment activities carried out by its retail investment advisers. The report must be set out in the format in DISP 1 Annex 1C R.

  2. (2)

    DISP 1 Annex 1C R requires (for the relevant reporting period) information about:

    1. (a)

      the total number of complaints received by the firm about matters relating tothe retail investment activities carried out by its retail investment advisers;

    2. (b)

      the total number of complaints closed by the firm about matters relating tothe retail investment activities carried out by its retail investment advisers;

    3. (c)

      the total number of complaints upheld by the firm about matters relating tothe retail investment activities carried out by its retail investment advisers; and

    4. (d)

      the total amount of redress paid in respect of complaints upheld during the reporting period about matters relating tothe retail investment activities carried out by its retail investment advisers.

  3. (3)

    For the purpose of DISP 1 Annex 1C R retail investment adviser information must be reported by FSA Individual Reference Number (IRN).

DISP 1.10.3GRP

For the purpose of DISP 1.10.2 R and DISP 1.10.2A R,4 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) 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'.

    13171
  3. (3)

    If a firm reports on the amount of redress paid under DISP 1.10.2R (4) or DISP 1.10.2A R,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) or DISP 1.10.2A R,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.

[Note: See SUP 10.13.20A R for the ongoing duty to notify complaints about matters relating to the retail investment activities of a retail investment adviser ]. 4

DISP 1.10.4RRP

The relevant reporting periods are:

  1. (1)

    the six months immediately following a firm's accounting reference date; and

  2. (2)

    the six months immediately preceding a firm's accounting reference date.

DISP 1.10.5RRP

Reports are to be submitted to the FSA within 30 business days of the end of the relevant reporting periods through, and in the electronic format specified in, the FSA Complaints Reporting System or the appropriate section of the FSA website.

DISP 1.10.6RRP

If a firm is unable to submit a report in electronic format because of a systems failure of any kind, the firm must notify the FSA , in writing and without delay, of that systems failure.

DISP 1.10.6ARRP
  1. (1)

    5If a firm does not submit a complete report by the date on which it is due, in accordance with DISP 1.10.5 R, the firm must pay an administrative fee of £250.

  2. (2)

    The administrative fee in (1) does not apply if the firm has notified the FSA of a systems failure in accordance with DISP 1.10.6 R.

DISP 1.10.7RRP

A closed complaint is a complaint where:

  1. (1)

    the firm has sent a final response; or

  2. (2)

    the complainant has indicated in writing acceptance of the firm's earlier response under DISP 1.6.4 R.317

    317
DISP 1.10.8G

[deleted]317

317

Notification of contact point for complainants

DISP 1.10.9RRP

For the purpose of inclusion in the public record maintained by the FSA, a firm must:

  1. (1)

    provide the FSA, at the time of its authorisation, with details of a single contact point within the firm for complainants; and

  2. (2)

    notify the FSA of any subsequent change in those details when convenient and, at the latest, in the firm's next report under the complaints reporting rules.