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 25 September 2024; or

      2. (ii)

         sent a final response to the complaint in the period beginning with 12 July 2023 and ending with 20 November 2024.

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.

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).

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.

1. (1)

   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 25 September 2024; and

   2. (b)

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

2. (2)

   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 of thirty-seven weeks beginning with 11 January 2024 and ending with 25 September 2024.

3. (3)

   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 25 September 2024.

1Where a final response to a relevant motor finance DCA complaint is sent in the period beginning with 12 July 2023 and ending with 20 November 2024, the six-month period in DISP 2.8.2R(1) is extended to fifteen months.

1. (1)

   1This rule applies in respect of a relevant motor finance DCA complaint where a final response is sent in the period beginning with 11 January 2024 and ending with 20 November 2024.

2. (2)

   For the purpose of complying with DISP 1.6.2R(1)(f), the appropriate wording to include in a final response, as set out in DISP 1 Annex 3R(1), (2) and (3), is modified so that the references to ‘six months’ in these rules are substituted with ‘fifteen months’.

1. (1)

   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/car-finance-complaints, which explains the reason for the pause.

2. (2)

   This rule applies until 21 November 2024.

1In relation to a relevant motor finance DCA complaint received in the period beginning with 11 January 2024 and ending with 25 September 2024:

1. (1)

   DISP 1.6.1R applies as modified by this rule.

2. (2)

   Where a respondent has:

   1. (a)

      on or before 10 January 2024 sent a written acknowledgement in accordance with DISP 1.6.1R(1) but has not sent a final response in accordance with DISP 1.6.2R(1), the respondent must:

      1. (i)

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

      2. (ii)

         comply with (3);

   2. (b)

      not, on or before 10 January 2024, sent a complainant a written acknowledgement in accordance with DISP 1.6.1R(1), and has not sent a final response in accordance with DISP 1.6.2R(1), the respondent must:

      1. (i)

         explain the pause to time limits set out in DISP App 5.2.1R(2) when complying with DISP 1.6.1R(1); and

      2. (ii)

         comply with (3).

3. (3)

   A respondent must direct the complainant to the information published at fca.org.uk/car-finance-complaints, which explains the reason for the pause.

1. (1)

   1This rule applies to a relevant motor finance DCA complaint where a final response is sent in the period beginning with 12 July 2023 and ending with 20 November 2024.

2. (2)

   Where, in accordance with DISP 1.6.2R(1), a respondent has on or before 10 January 2024 sent a complainant a final response, the respondent must promptly in writing inform the complainant that:

   1. (a)

      the time limit to refer the complaint to the Financial Ombudsman Service has been extended to fifteen months beginning with the day on which the respondent sent its final response;

   2. (b)

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

   3. (c)

      the information at fca.org.uk/car-finance-complaints explains the reason for the extension.

3. (3)

   Where a respondent has not on or before 10 January 2024 sent a complainant its final response, it must, when complying with DISP 1.6.2R(1):

   1. (a)

      explain that the time limit to refer the complaint to the Financial Ombudsman Service is fifteen months beginning with the day on which the respondent sent its final response; and

   2. (b)

      provide the information contained in (2)(b) and (c).

1. (1)

   1Lenders and credit brokers must retain and preserve records:

   1. (a)

      relating to any regulated credit agreement entered into before 28 January 2021;

   2. (b)

      which meet the requirements in DISP App 5.1.2R(1)(b) and (c); and

   3. (c)

      that are or could be relevant to the handling of existing or future complaints or civil claims relating to discretionary commission arrangements.

2. (2)

   The requirement in (1) applies:

   1. (a)

      regardless of whether a relevant motor finance DCA complaint has been made; and

   2. (b)

      in the period beginning with 11 January 2024 and ending with 10 January 2025.