FEES 5 Annex 3R 4Case Fees Payable for 2013/146
5Part 1 - Standard case fees
Standard case fee |
6 | |
In the: Compulsory jurisdiction; Consumer credit jurisdiction; and Voluntary jurisdiction |
[£550]6 |
6 |
Notes
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 6 |
2 |
The standard case fee will be invoiced by the FOS Ltd on or after the date the case is closed. 6 |
3 |
A respondent6 will only be invoiced a case fee for the 26th6 and subsequent chargeable case in each financial year. 66 |
Part 2 - Supplementary case fees
Supplementary6 case fee 6 |
6 | ||
In the: Compulsory jurisdiction; Consumer credit jurisdiction; and Voluntary jurisdiction |
For the 26th and subsequent chargeable cases (PPI)6 6 |
£6350 |
6 |
Notes
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. 6 |
26 6 |
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 6 |
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 6 |
6Part 3 - Charging groups |
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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. |
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1 |
Barclays Group, comprising the following firms: |
ABSA Bank Limited |
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Barclays Assurance (Dublin) Limited |
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Barclays Bank Ireland Plc |
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Barclays Bank Plc |
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Barclays Bank S.A. |
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Barclays Bank Trust Company Limited |
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Barclays Capital Securities Limited |
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Barclays Capital Strategic Advisers Limited |
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Barclays Courtage |
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Barclays Infrastructure Funds Management Limited |
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Barclays Insurance (Dublin) Limited |
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Barclays Insurance Services Company Limited |
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Barclays Mediador Operador de Banca Seguros Vinculado, S.A. |
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Barclays Mercantile Business Finance Limited |
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Barclays Patrimoine |
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Barclays Private Clients International Limited |
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Barclays Sharedealing |
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Barclays Stockbrokers Limited |
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Barclays Wealth Funds Ltd |
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Clydesdale Financial Services Limited |
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CNP Barclays Vida y Pensiones Compania de Seguros S.A. |
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Firstplus Financial Group Plc |
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Gerrard Financial Planning Ltd |
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Gerrard Investment Management Limited |
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Home Retail Group Personal Finance Ltd |
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Intelenet Global Services Private Limited |
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Solution Personal Finance Limited |
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Standard Life Bank Plc |
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Thomas Cook Personal Finance Ltd |
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Woolwich Plan Managers Limited |
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2 |
HSBC Group, comprising the following firms: |
Catalina Insurance Ireland Limited |
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CL Residential Limited |
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Halbis Capital Management (UK) Limited |
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HFC Bank Limited |
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HSBC Alternative Investments Limited |
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HSBC Bank Malta plc |
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HSBC Bank plc |
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HSBC Bank USA NA, London Branch |
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HSBC de Baecque Beau |
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HSBC Financial Products (France) |
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HSBC France |
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HSBC General Insurance Services (UK) Limited |
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HSBC Global Asset Management FCP (France) |
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HSBC Global Asset Management (UK) Limited |
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HSBC Hervet |
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HSBC Index Tracker Investment Funds |
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HSBC International Financial Advisers (UK) Limited |
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HSBC Investment Funds |
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HSBC Life (Europe) Limited |
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HSBC Life (UK) Limited |
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HSBC Picardie |
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HSBC Private Bank (Luxembourg) S.A. |
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HSBC Private Bank (UK) Limited |
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HSBC Securities (France) |
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HSBC Securities SA |
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HSBC Securities (USA) Inc |
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HSBC Specialist Investment Funds Ltd |
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HSBC Trinkaus & Burkhardt AG |
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HSBC Trust Company (UK) Ltd |
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HSBC UBP |
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HSBC Van Meer James Capel NV |
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InfraRed Capital Partners Limited |
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InfraRed (Infrastructure) Capital Partners Limited |
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Marks and Spencer Life Assurance Limited |
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Marks & Spencer Financial Services plc |
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Marks & Spencer Savings and Investments Ltd |
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Marks & Spencer Unit Trust Management Limited |
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Sinopia Asset Management (UK) Limited |
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The Hongkong and Shanghai Banking Corporation Limited |
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3 |
Lloyds Banking Group, comprising the following firms: |
AMC Bank Ltd |
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Bank of Scotland (Ireland) Limited |
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Bank of Scotland Plc |
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Black Horse Limited |
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Cheltenham & Gloucester plc |
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Clerical Medical Financial Services Limited |
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Clerical Medical Investment Fund Managers Ltd |
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Clerical Medical Investment Group Limited |
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Clerical Medical Managed Funds Limited |
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Clerical Medical Open Ended Investment Company |
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Halifax Assurance (Ireland) Limited |
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Halifax Financial Brokers Limited |
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Halifax General Insurance Services Limited |
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Halifax Insurance (Ireland) Limited |
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Halifax Insurance Ireland Ltd |
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Halifax Investment Services Ltd |
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Halifax Life Limited |
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Halifax Share Dealing Limited |
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HBOS Investment Fund Managers Limited |
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Insight Investment Global Investment Funds |
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Insight Investment Professional Funds ICVC |
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Invista Real Estate Investment Management Ltd |
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IWeb (UK) Limited |
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LDC (Managers) Limited |
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Legacy Renewal Company Limited |
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Lex Vehicle Leasing Ltd |
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Lloyds Development Capital (Holdings) Limited |
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Lloyds TSB Bank Plc |
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Lloyds TSB Financial Advisers Limited |
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Lloyds TSB General Insurance Limited |
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Lloyds TSB Insurance Services Limited |
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Lloyds TSB Investments Limited |
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Lloyds TSB Private Banking Ltd |
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Lloyds TSB Scotland Plc |
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Pensions Management (SWF) Limited |
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Scottish Widows Administration Services Limited |
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Scottish Widows Annuities Limited |
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Scottish Widows Bank Plc |
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Scottish Widows Fund Management Limited |
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Scottish Widows Investment Partnership Investment |
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Scottish Widows Investment Partnership Limited |
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Scottish Widows plc |
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Scottish Widows Tracker and Specialist Investment Funds ICVC |
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Scottish Widows Unit Funds Limited |
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Scottish Widows Unit Trust Managers Limited |
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St Andrew's Insurance plc |
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St Andrew's Life Assurance Plc |
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SWIP Fund Management Limited |
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SWIP Multi-Manager Funds Limited |
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The Mortgage Business Plc |
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Uberior Fund Manager Ltd |
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4 |
RBS/NatWest Group, comprising the following firms: |
Adam & Company Investment Management Ltd |
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Adam & Company Plc |
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Coutts & Company |
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Coutts Finance Company |
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First Active plc |
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National Westminster Bank Plc |
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National Westminster Home Loans Limited |
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NatWest Stockbrokers Ltd |
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RBEF Limited |
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RBS Asset Management (ACD) Ltd |
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RBS Asset Management Ltd |
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RBS Collective Investment Funds Limited |
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RBS Corporate Finance Limited |
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RBS Equities (UK) Limited |
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RBS Index Tracker Funds ICVC |
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RBS Investment Executive Limited |
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Star Capital Partners Limited |
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The Royal Bank of Scotland (Gibraltar) Ltd |
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The Royal Bank of Scotland Group Independent Financial Services Limited |
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The Royal Bank of Scotland N.V. |
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The Royal Bank of Scotland Plc |
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Topaz Finance PLC |
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Ulster Bank Ireland Limited |
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Ulster Bank Ltd |
6Part 4 - Special case fees |
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The special case fee shall be calculated and paid as follows: |
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1 |
Proportions: |
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(1) |
In the calculations that follow in (2), (3) and (4): new chargeable cases (PPI) for group respondents - |
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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. |
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new chargeable cases (PPI) for all firms - |
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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. |
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open chargeable cases (PPI) for group respondents - |
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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. |
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open chargeable cases (PPI) for all firms - |
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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. |
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new chargeable cases (general) for group respondents - |
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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. |
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new chargeable cases (general) for all firms - |
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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. |
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open chargeable cases (general) for group respondents - |
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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. |
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open chargeable cases (general) for all firms - |
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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. |
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(2) |
'Proportion X' for each charging group is a percentage calculated as follows - A / B x 100 |
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(3) |
'Proportion Y' for each charging group is a percentage calculated as follows - {A + C} / {B + D} x 100 |
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(4) |
'Proportion Z' for each charging group is a percentage calculated as follows - {E + G} / {F + H} x 100 |
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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: |
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(1) |
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(2) |
closed chargeable cases (PPI); and |
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(3) |
closed chargeable cases (general); |
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with a free-case allowance of: |
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(4) |
125 new chargeable cases (PPI); and |
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(5) |
125 closed chargeable cases (general). |
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3 |
The special case fee for each charging group is a total amount calculated as follows: |
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(1) |
in respect of new chargeable cases (PPI) - {£350 x [250,000] x the 'proportion X'} - {£350 x 125} |
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(2) |
in respect of closed chargeable cases (PPI) - £550 x [245,000] x the 'proportion Y' |
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(3) |
In respect of closed chargeable cases (general) - {£550 x [140,000] x the 'proportion Z'} - {£550 x 125} |
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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: |
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(1) |
1 April (or, if later, when FOS Ltd has sent the invoice); |
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(2) |
1 July; |
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(3) |
1 October; and |
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(4) |
1 January. |
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5 |
Year-end adjustment: |
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(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%. |
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(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%. |
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(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%. |