FEES 5.5C Representative case fees

1FEES 5.5C applies to a complainant representative in relation to a complaint referred to the Financial Ombudsman Service.

1. (1)

   1Subject to FEES 5.5C.6R, a complainant representative must pay to the FOS Ltd a representative case fee of £250 in respect of a complaint which is referred to the Financial Ombudsman Service on or after 1 April 2025.

2. (2)

   A representative case fee payable pursuant to paragraph (1) must be paid:

   1. (a)

      at the time a complaint is referred to the Financial Ombudsman Service if the complainant representative is representing the complainant at the time the complaint is referred; or

   2. (b)

      subject to paragraph (3) below, at the time a complainant representative begins to represent the complainant in respect of a complaint that has already been referred to the Financial Ombudsman Service.

3. (3)

   A complainant representative will not be liable for the representative case fee under paragraph (1) above if:

   1. (a)

      the representative case fee in relation to the complaint has been paid by a complainant representative who was previously representing the complainant in respect of the same complaint; or

   2. (b)

      the complainant representative is acting entirely pro bono in relation to the complaint.

1A complainant representative will, in any financial year, only be liable for, and the FOS Ltd will only invoice for, the representative case fee under FEES 5.5C.5R in respect of the 11th and subsequent complaints that are referred to the Financial Ombudsman Service.

1In relation to any complaint which is closed by the Financial Ombudsman Service as a change in outcome in favour of the complainant, the FOS Ltd will credit the amount of £175 to the complainant representative.

1A complainant representative must pay to the FOS Ltd any representative case fee which it is liable to pay under FEES 5.5C and which is invoiced by the FOS Ltd within 30 calendar days of the date when the invoice is issued by the FOS Ltd.

1If, at the end of the financial year, the amount standing in credit to the complainant representative under FEES 5.5C.8R exceeds the amounts invoiced under FEES 5.5C.10R which remain unpaid (including any interest or administrative fee due under FEES 5.5C.12R), the FOS Ltd will repay the difference between the 2 amounts to the complainant representative by credit transfer within 30 calendar days of the complainant representative notifying the FOS Ltd of its account details.

1If a complainant representative does not pay a representative case fee payable under FEES 5.5C in full to the FOS Ltd before the end of the date on which it is due, that complainant representative must pay to the FOS Ltd in addition:

1. (1)

   interest on any unpaid amount at the rate of 5% per annum above the Official Bank Rate from time to time, accruing on a daily basis from the date on which the amount concerned became due; and

2. (2)

   an administrative fee of up to 25% of the amount outstanding at that time, in the event the FOS Ltd needs to take steps to recover any amounts payable to it under FEES 5.5C.

1No claim for the remission or repayment of all or part of the representative case fee payable under FEES 5.5C (or any interest or administrative fee due under FEES 5.5C.12R in relation to it) may be made to FOS Ltd more than 1 year after the date on which the complaint was closed (irrespective of when or whether the amounts in question were paid to FOS Ltd).

1The FOS Ltd may allow a claim to be made outside the time limits prescribed in FEES 5.5C.14R if it is satisfied that the failure to make a claim within the time limits prescribed was as a result of exceptional circumstances.

1If it appears to the FOS Ltd that in the exceptional circumstances of a particular case the payment of any representative case fee under FEES 5.5C would be inequitable, the FOS Ltd may reduce or remit all or part of the representative case fee in question which would otherwise be payable.