DISP App 5.2 Complaint handling rules in respect of a relevant motor finance DCA complaint

1This rule applies in respect of a relevant motor finance DCA complaint:

1. (a)

   that is received in the period beginning with 17 November 2023 and ending with 4 December 20252; and

2. (b)

   in relation to which a final response has not been sent.

For the purpose of calculating the eight-week period in:

1. (a)

   DISP 1.6.2R;

2. (b)

   DISP 1.6.7G;

3. (c)

   DISP 2.8.1R(2); and

4. (d)

   DISP 2.8.1R(4)(a),

time is to be treated as not running for the period beginning with 11 January 2024 and ending with 4 December 20252.

The three-year period in DISP 1.9.1R(2) (Complaints record rule) is to be treated as not running for the period beginning with 11 January 2024 and ending with 4 December 20252.

This rule applies where a final response to a relevant motor finance DCA complaint is sent in the period beginning with 12 July 2023 and ending with 29 January 2026.2

If a final response is sent in the period beginning with 12 July 2023 and ending with 29 April 2025, DISP 2.8.2R(1) is modified so that the Ombudsman cannot consider a complaint if it is referred to the Financial Ombudsman Service on or after 30 July 2026.2

If a final response is sent in the period beginning with 30 April 2025 and ending with 29 January 2026, DISP 2.8.2R(1) is modified so that the Ombudsman cannot consider a complaint if it is referred to the Financial Ombudsman Service more than fifteen months after the date on which the respondent sent the complainant its final response.2

1A respondent must update any information it has published pursuant to DISP 1.2.1R(1) as soon as is practicable to:

1. (a)

   inform consumers of the pause to time limits for a final response as set out in DISP App 5.2.1R(2); and

2. (b)

   refer them to fca.org.uk/carfinance2, which explains the reason for the pause.

This rule applies until 23:59 on 29 January 20262.

2This rule applies where a respondent:

1. (a)

   received a relevant motor finance DCA complaint in the period beginning with 17 November 2023 and ending with 25 September 2024; and

2. (b)

   has not sent a final response in relation to that complaint.

A respondent must:

1. (a)

   promptly inform the complainant in writing of the extension to the pause to time limits as set out in DISP App 5.2.1R(2); and

2. (b)

   direct the complainant to the information published at fca.org.uk/carfinance, which explains the reason for the pause.

2This rule applies where a respondent receives a relevant motor finance DCA complaint in the period beginning with 26 September 2024 and ending with 4 December 2025.

When a respondent sends a written acknowledgement in accordance with DISP 1.6.1R(1), they must also:

1. (a)

   inform the complainant in writing of the pause to the time limits as set out in DISP App 5.2.1R(2); and

2. (b)

   direct the complainant to the information published at fca.org.uk/carfinance, which explains the reason for the pause.

2This rule applies to a relevant motor finance DCA complaint where a final response was sent in the period beginning with 12 July 2023 and ending with 25 September 2024.

A respondent must:

1. (a)

   promptly inform the complainant in writing that the time limit to refer the complaint to the Financial Ombudsman Service now ends with 29 July 2026; and

2. (b)

   direct the complainant to the information published at fca.org.uk/carfinance, which explains the reason for the extension.

2This rule applies to a relevant motor finance DCA complaint where a final response is sent in the period beginning with 26 September 2024 and ending with 29 January 2026.

When providing a final response in accordance with DISP 1.6.2R(1), a respondent must:

1. (a)

   inform the complainant that the time limit to refer the complaint to the Financial Ombudsman Service has been extended in accordance with DISP App 5.2.2R;

2. (b)

   set out the date by which the complainant must refer the complaint to the Financial Ombudsman Service;

3. (c)

   explain that the six-month time limit contained in the Financial Ombudsman Service’s standard explanatory leaflet does not apply; and

4. (d)

   direct the complainant to the information published at fca.org.uk/carfinance, which explains the reason for the extension.

For the purpose of complying with DISP 1.6.2R(1)(e) and (f) (if applicable), the wording to include in a final response is modified so that:

1. (a)

   references to ‘within six months of the date of this letter’ in DISP 1 Annex 3R(1) and (2), are substituted with either:

   1. (i)

      ‘on or before 29 July 2026’ if a respondent sends a final response on or before 29 April 2025; or

   2. (ii)

      ‘within fifteen months of the date of this letter’ if a respondent sends a final response on or after 30 April 2025; and

2. (b)

   the reference to ‘is usually six months’ in DISP 1 Annex 3R(3) is substituted with either:

   1. (i)

      ‘is, in this case, on or before 29 July 2026’ if a respondent sends a final response on or before 29 April 2025; or

   2. (ii)

      ‘is, in this case, fifteen months’ if a respondent sends a final response on or after 30 April 2025.