FEES 5 Annex 3R 4Case Fees Payable for 2013/146

Standard case fee

In the:

Compulsory jurisdiction; Consumer credit jurisdiction; and Voluntary jurisdiction

[£550]6

1

The definition of standard case fee is in FEES 5.5B (Case fees). The definition of chargeable case is in the Glossary to the Handbook.6

2

The standard case fee will be invoiced by the FOS Ltd on or after the date the case is closed.

3

A respondent6 will only be invoiced a case fee for the 26th6 and subsequent chargeable case in each financial year.

Supplementary6 case fee

In the:

Compulsory jurisdiction; Consumer credit jurisdiction; and Voluntary jurisdiction

For the 26th and subsequent chargeable cases (PPI)6

£6350

1

The definition of supplementary case fee is in 6FEES 5.5B6 (Case fees). The definition of chargeable case (PPI)6 is in the Glossary to the Handbook.

26

The supplementary case fee will be invoiced by the FOS Ltd on or after the date the case is referred to the Financial Ombudsman Service.

36

The supplementary case fee will be invoiced for the 26th and subsequent chargeable cases (PPI) against any respondent referred to the Financial Ombudsman Service in each financial year.6

6Part 3 - Charging groups

The four charging groups, and their constituent group respondents, are listed below. They are based on the position at 31 December immediately preceding the financial year. For the purposes of calculating, charging, paying and collecting the special case fee, they are not affected by any subsequent change of ownership.

1

Barclays Group, comprising the following firms:

ABSA Bank Limited

Barclays Assurance (Dublin) Limited

Barclays Bank Ireland Plc

Barclays Bank Plc

Barclays Bank S.A.

Barclays Bank Trust Company Limited

Barclays Capital Securities Limited

Barclays Capital Strategic Advisers Limited

Barclays Courtage

Barclays Infrastructure Funds Management Limited

Barclays Insurance (Dublin) Limited

Barclays Insurance Services Company Limited

Barclays Mediador Operador de Banca Seguros Vinculado, S.A.

Barclays Mercantile Business Finance Limited

Barclays Patrimoine

Barclays Private Clients International Limited

Barclays Sharedealing

Barclays Stockbrokers Limited

Barclays Wealth Funds Ltd

Clydesdale Financial Services Limited

CNP Barclays Vida y Pensiones Compania de Seguros S.A.

Firstplus Financial Group Plc

Gerrard Financial Planning Ltd

Gerrard Investment Management Limited

Home Retail Group Personal Finance Ltd

Intelenet Global Services Private Limited

Solution Personal Finance Limited

Standard Life Bank Plc

Thomas Cook Personal Finance Ltd

Woolwich Plan Managers Limited

2

HSBC Group, comprising the following firms:

Catalina Insurance Ireland Limited

CL Residential Limited

Halbis Capital Management (UK) Limited

HFC Bank Limited

HSBC Alternative Investments Limited

HSBC Bank Malta plc

HSBC Bank plc

HSBC Bank USA NA, London Branch

HSBC de Baecque Beau

HSBC Financial Products (France)

HSBC France

HSBC General Insurance Services (UK) Limited

HSBC Global Asset Management FCP (France)

HSBC Global Asset Management (UK) Limited

HSBC Hervet

HSBC Index Tracker Investment Funds

HSBC International Financial Advisers (UK) Limited

HSBC Investment Funds

HSBC Life (Europe) Limited

HSBC Life (UK) Limited

HSBC Picardie

HSBC Private Bank (Luxembourg) S.A.

HSBC Private Bank (UK) Limited

HSBC Securities (France)

HSBC Securities SA

HSBC Securities (USA) Inc

HSBC Specialist Investment Funds Ltd

HSBC Trinkaus & Burkhardt AG

HSBC Trust Company (UK) Ltd

HSBC UBP

HSBC Van Meer James Capel NV

InfraRed Capital Partners Limited

InfraRed (Infrastructure) Capital Partners Limited

Marks and Spencer Life Assurance Limited

Marks & Spencer Financial Services plc

Marks & Spencer Savings and Investments Ltd

Marks & Spencer Unit Trust Management Limited

Sinopia Asset Management (UK) Limited

The Hongkong and Shanghai Banking Corporation Limited

3

Lloyds Banking Group, comprising the following firms:

AMC Bank Ltd

Bank of Scotland (Ireland) Limited

Bank of Scotland Plc

Black Horse Limited

Cheltenham & Gloucester plc

Clerical Medical Financial Services Limited

Clerical Medical Investment Fund Managers Ltd

Clerical Medical Investment Group Limited

Clerical Medical Managed Funds Limited

Clerical Medical Open Ended Investment Company

Halifax Assurance (Ireland) Limited

Halifax Financial Brokers Limited

Halifax General Insurance Services Limited

Halifax Insurance (Ireland) Limited

Halifax Insurance Ireland Ltd

Halifax Investment Services Ltd

Halifax Life Limited

Halifax Share Dealing Limited

HBOS Investment Fund Managers Limited

Insight Investment Global Investment Funds

Insight Investment Professional Funds ICVC

Invista Real Estate Investment Management Ltd

IWeb (UK) Limited

LDC (Managers) Limited

Legacy Renewal Company Limited

Lex Vehicle Leasing Ltd

Lloyds Development Capital (Holdings) Limited

Lloyds TSB Bank Plc

Lloyds TSB Financial Advisers Limited

Lloyds TSB General Insurance Limited

Lloyds TSB Insurance Services Limited

Lloyds TSB Investments Limited

Lloyds TSB Private Banking Ltd

Lloyds TSB Scotland Plc

Pensions Management (SWF) Limited

Scottish Widows Administration Services Limited

Scottish Widows Annuities Limited

Scottish Widows Bank Plc

Scottish Widows Fund Management Limited

Scottish Widows Investment Partnership Investment

Scottish Widows Investment Partnership Limited

Scottish Widows plc

Scottish Widows Tracker and Specialist Investment Funds ICVC

Scottish Widows Unit Funds Limited

Scottish Widows Unit Trust Managers Limited

St Andrew's Insurance plc

St Andrew's Life Assurance Plc

SWIP Fund Management Limited

SWIP Multi-Manager Funds Limited

The Mortgage Business Plc

Uberior Fund Manager Ltd

4

RBS/NatWest Group, comprising the following firms:

Adam & Company Investment Management Ltd

Adam & Company Plc

Coutts & Company

Coutts Finance Company

First Active plc

National Westminster Bank Plc

National Westminster Home Loans Limited

NatWest Stockbrokers Ltd

RBEF Limited

RBS Asset Management (ACD) Ltd

RBS Asset Management Ltd

RBS Collective Investment Funds Limited

RBS Corporate Finance Limited

RBS Equities (UK) Limited

RBS Index Tracker Funds ICVC

RBS Investment Executive Limited

Star Capital Partners Limited

The Royal Bank of Scotland (Gibraltar) Ltd

The Royal Bank of Scotland Group Independent Financial Services Limited

The Royal Bank of Scotland N.V.

The Royal Bank of Scotland Plc

Topaz Finance PLC

Ulster Bank Ireland Limited

Ulster Bank Ltd

6Part 4 - Special case fees

The special case fee shall be calculated and paid as follows:

1

Proportions:

(1)

In the calculations that follow in (2), (3) and (4):

new chargeable cases (PPI) for group respondents -

A =

twice the number of new chargeable cases (PPI) that were referred to the Financial Ombudsman Service in respect of group respondents from 1 July to 31 December (both dates inclusive) in the immediately preceding financial year.

new chargeable cases (PPI) for all firms -

B =

twice the number of new chargeable cases (PPI) that were referred to the Financial Ombudsman Service in respect of all firms (whether or not they are part of a charging group) from 1 July to 31 December (both dates inclusive) in the immediately preceding financial year.

open chargeable cases (PPI) for group respondents -

C =

the number of chargeable cases (PPI) referred to the Financial Ombudsman Service in respect of group respondents before 1 January in the immediately preceding financial year which had not been closed before 1 January in the immediately preceding financial year.

open chargeable cases (PPI) for all firms -

D =

the number of chargeable cases (PPI) referred to the Financial Ombudsman Service in respect of all firms (whether or not they are part of a charging group) before 1 January in the immediately preceding financial year which had not been closed before 1 January in the immediately preceding financial year.

new chargeable cases (general) for group respondents -

E =

twice the number of new chargeable cases (general) that were referred to the Financial Ombudsman Service in respect of group respondents from 1 July to 31 December (both dates inclusive) in the immediately preceding financial year.

new chargeable cases (general) for all firms -

F =

twice the number of chargeable cases (general) referred to the Financial Ombudsman Service in respect of all firms (whether or not they are part of a charging group) from 1 July to 31 December (both dates inclusive) in the immediately preceding financial year.

open chargeable cases (general) for group respondents -

G =

the number of chargeable cases (general) that were referred to the Financial Ombudsman Service in respect of group respondents before 1 January in the immediately preceding financial year which had not been closed before 1 January in the immediately preceding financial year.

open chargeable cases (general) for all firms -

H =

the number of chargeable cases (general) referred to the Financial Ombudsman Service in respect of all firms (whether or not they are part of a charging group) before 1 January in the immediately preceding financial year which had not been closed before 1 January in the immediately preceding financial year.

(2)

'Proportion X' for each charging group is a percentage calculated as follows -

A / B x 100

(3)

'Proportion Y' for each charging group is a percentage calculated as follows -

{A + C} / {B + D} x 100

(4)

'Proportion Z' for each charging group is a percentage calculated as follows -

{E + G} / {F + H} x 100

2

The special case fee is intended to broadly reflect the budgeted workload capacity of the Financial Ombudsman Service and comprises elements in respect of:

(1)

new chargeable cases (PPI);

(2)

closed chargeable cases (PPI); and

(3)

closed chargeable cases (general);

with a free-case allowance of:

(4)

125 new chargeable cases (PPI); and

(5)

125 closed chargeable cases (general).

3

The special case fee for each charging group is a total amount calculated as follows:

(1)

in respect of new chargeable cases (PPI) -

{£350 x [250,000] x the 'proportion X'} - {£350 x 125}

(2)

in respect of closed chargeable cases (PPI) -

£550 x [245,000] x the 'proportion Y'

(3)

In respect of closed chargeable cases (general) -

{£550 x [140,000] x the 'proportion Z'} - {£550 x 125}

4

The FOS Ltd will invoice each charging group for the special case fee (calculated as above) in four equal instalments, payable in advance on the following dates during the financial year:

(1)

1 April (or, if later, when FOS Ltd has sent the invoice);

(2)

1 July;

(3)

1 October; and

(4)

1 January.

5

Year-end adjustment:

(1)

If the actual number of new chargeable cases (PPI) referred to the Financial Ombudsman Service in respect of group respondents during the financial year is more than 115% of {[250,000] x the 'proportion X'}:

(a) the FOS Ltd will invoice the relevant charging group; and

(b) the relevant charging group will pay to FOS Ltd;

an additional £35,000 for each block of 100 (or part thereof) new chargeable cases (PPI) in excess of the 115%.

(2)

If the actual number of chargeable cases (general) closed by the Financial Ombudsman Service in respect of group respondents during the financial year is more than 115% of {[140,000] x the 'proportion Z'}:

(a) the FOS Ltd will invoice the relevant charging group; and

(b) the relevant charging group will pay to FOS Ltd;

an additional £55,000 for each block of 100 (or part thereof) new chargeable cases (PPI) over the 115%.

(3)

If the actual number of chargeable cases (general) closed by the Financial Ombudsman Service in respect of group respondents during the financial year is less than 85% of {[140,000] x the 'proportion Z'}, the FOS Ltd will promptly repay to the relevant charging group £55,000 for each block of 100 (or part thereof) closed chargeable cases (general) under the 85%.