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DISP App 5.1 Purpose, interpretation and application

Purpose

DISP App 5.1.1G
  1. (1)

    1This appendix contains rules and guidance in relation to a relevant motor finance DCA complaint that:

    1. (a)

      apply and modify the rules and guidance in DISP 1.2 (Consumer awareness rules), DISP 1.6 (Complaints time limit rules) and DISP 2.8 (Was the complaint referred to the Financial Ombudsman Service in time?); and

    2. (b)

      require lenders and credit brokers to retain and preserve relevant records.

  2. (2)

    Where, in relation to a relevant motor finance DCA complaint, provisions in DISP 1 or 2 refer to rules or guidance that are modified by this appendix, the modified provisions apply.

  3. (3)

    All rules and guidance in DISP continue to apply to a relevant motor finance DCA complaint unless otherwise stated.

Interpretation

DISP App 5.1.2R
  1. (1)

    1For the purposes of this appendix, a relevant motor finance DCA complaint is a complaint where:

    1. (a)

      the subject matter of the complaint relates, in whole or part, to a regulated credit agreement entered into before 28 January 2021;

    2. (b)

      the regulated credit agreement, in whole or part, financed the purchase of a motor vehicle, or a motor vehicle was bailed or hired under the agreement;

    3. (c)

      there were arrangements between the lender and a credit broker relating to the entering into of that agreement that included a discretionary commission arrangement; and

    4. (d)

      the respondent:

      1. (i)

        received the complaint in the period beginning with 17 November 2023 and ending with 4 December 20252; or

      2. (ii)

        sent a final response to the complaint in the period beginning with 12 July 2023 and ending with 29 January 20262.

  2. (2)

    The arrangements referred to in (1)(c) are to be read as including any arrangement which would, if it had been entered into on or after 28 January 2021, have constituted a discretionary commission arrangement.

DISP App 5.1.3G
  1. (1)

    1The purpose of DISP App 5.1.2R(2) is to ensure that the complaint handling rules in this appendix apply in respect of motor finance commission arrangements which are in substance equivalent to a discretionary commission arrangement but do not (because of the time at which they were entered into) meet the Handbook definition.

  2. (2)

    This will include such arrangements between persons undertaking equivalent activities under an Office of Fair Trading licence prior to the transfer of responsibility for the regulation of consumer credit to the FCA on 1 April 2014 (provided the other requirements in DISP App 5.1.2R(1) are met).

  3. (3)

    The effect of DISP App 5.1.2R(2) is that a relevant motor finance DCA complaint includes complaints involving any motor finance commission arrangements which would, if they were entered into on or after the date that the prohibition in CONC 4.5.6R was introduced, fall within the definition of a discretionary commission arrangement.

Application

DISP App 5.1.4R

1This appendix applies to:

  1. (1)

    respondents and the Ombudsman in respect of a relevant motor finance DCA complaint; and

  2. (2)

    lenders and credit brokers in respect of records relating to any regulated credit agreement entered into before 28 January 2021 that meets the requirements in DISP App 5.1.2R(1)(b) and (c).

DISP App 5.1.5R

1Where this appendix applies or modifies provisions in DISP 2, the term respondent in DISP App 5.1.2R and 5.1.4R has the glossary meaning that applies in that chapter.