FEES 5 Annex 3R 468Case Fees Payable for 2016/179

Standard case fee

In the:

Compulsory jurisdiction and Voluntary jurisdiction

[£550]6

unless it is a not-for-profit debt advice body with limited permission in which case the amount payable is £07

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.

74

The definition of not-for-profit debt advice body is in the Glossary to the Handbook.

75

The definition of limited permission is in the Glossary to the Handbook.

Supplementary6 case fee

In the:

Compulsory jurisdiction and Voluntary jurisdiction

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

£607

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 when payable 7will 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 when payable 7will be invoiced for the 26th and subsequent chargeable cases (PPI) against any respondent referred to the Financial Ombudsman Service in each financial year.6

7Part 3 - Charging groups

The 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:

Oak Pension Asset Management Limited8

Barclays Asset Management Limited

Barclays Bank Plc

Barclays Bank Trust Company Limited

Barclays Capital Securities Limited

Barclays Insurance (Dublin) Limited

Barclays Insurance Services Company Limited

Barclays Mercantile Business Finance Limited

Barclays Private Clients International Limited

Barclays Sharedealing

Barclays Stockbrokers Limited

Clydesdale Financial Services Limited

Firstplus Financial Group Plc

Gerrard Financial Planning Ltd

Gerrard Investment Management Limited

Solution Personal Finance Limited

Standard Life Bank Plc

Woolwich Plan Managers Limited

9

2

HSBC Group, comprising the following firms:

CL Residential Limited

HFC Bank Limited

HSBC Alternative Investments Limited

HSBC Bank Malta plc

HSBC Bank plc

HSBC France

HSBC Global Asset Management FCP (France)

HSBC Global Asset Management (UK) Limited

HSBC Hervet

HSBC International Financial Advisers (UK) Limited

HSBC Investment Funds

HSBC Life (Europe) Limited

HSBC Life (UK) Limited

HSBC Private Bank (Luxembourg) S.A.

HSBC Private Bank (UK) Limited

HSBC Securities (USA) Inc

HSBC SPECIALIST INVESTMENT FUNDS

HSBC Trinkaus & Burkhardt AG

HSBC Trust Company (UK) Ltd

John Lewis Financial Services Limited8

Marks & Spencer Financial Services plc8

Marks & Spencer Savings and Investments Ltd

Marks & Spencer Unit Trust Management 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 Autolease Ltd

Lex Vehicle Leasing Ltd

Lloyds Development Capital (Holdings) Limited

Lloyds Bank Plc

Lloyds TSB Financial Advisers Limited

Lloyds Bank General Insurance Limited

Lloyds Bank Insurance Services Limited

Lloyds TSB Investments Limited

Lloyds Bank Private Banking Limited

Pensions Management (SWF) Limited

Scottish Widows Administration Services Limited

Scottish Widows Annuities Limited

Scottish Widows Bank Plc

Scottish Widows Fund Management Limited

Scottish Widows plc

Scottish Widows Unit Funds Limited

Scottish Widows Unit Trust Managers Limited

St Andrew's Insurance plc

St Andrew's Life Assurance Plc

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

Lombard Finance Ltd8

Lombard North Central Plc8

National Westminster Bank Plc

National Westminster Home Loans Limited

RBOS (UK) Limited8

RBS Asset Management (ACD) Ltd

RBS Asset Management Ltd

RBS Collective Investment Funds Limited

RBS Equities (UK) Limited

RBS Investment Executive Limited

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 Limited8

Ulster Bank Ireland Limited

Ulster Bank Ltd

5

Aviva Group, comprising the following firms:8

Aviva (Peak No. 1) UK Limited

Aviva Annuity UK Limited

Aviva Equity Release UK Limited

Aviva Health UK Limited

Aviva Insurance Limited

Aviva Insurance Services UK Limited

Aviva Insurance UK Limited

Aviva International Insurance Limited

Aviva Investors Global Services Limited

Aviva Investors London Limited

Aviva Investors Pensions Limited

Aviva Investors UK Fund Services Limited

Aviva Investors UK Funds Limited

Aviva Life & Pensions UK Limited

Aviva Life Services UK Limited

Aviva Pension Trustees UK Limited

Aviva Wrap UK Limited

CGU Bonus Limited

CGU Underwriting Limited

Commercial Union Life Assurance Company Limited

Gresham Insurance Company Limited

Hamilton Life Assurance Company Limited

Hamilton Insurance Company Limited

Norwich Union Life (RBS) Limited

Orn Capital LLP

Scottish Boiler and General Insurance Company Ltd

The Ocean Marine Insurance Company Limited

World Auxiliary Insurance Corporation Limited

Friend Annuities Limited9

Friends Life and Pensions Limited9

Friends Life FPLMA Limited9

Friends Life Investment Solutions Limited9

Friends Life Limited9

Friends Life Marketing Limited9

Friends Life Services Limited9

Friends Provident International Limited9

Optimum Investment Management Limited9

Sesame Limited9

6

Direct Line Group, comprising the following firms:8

Churchill Insurance Company Limited

UK Insurance Limited

UK Insurance Business Solutions Limited

7

Nationwide Building Society Group comprising the following firms:8

Cheshire Building Society

Derbyshire Building Society

Derbyshire Home Loans Ltd

Dunfermline Building Society (in building society special administration)

E-Mex Home Funding Limited

Nationwide Building Society

Nationwide Independent Financial Services Limited

Portman Building society8

The Mortgage Works (UK) Plc

UCB Home Loans Corporation Ltd

8

Santander Group, comprising the following firms:8

Abbey National Treasury Services Plc

Abbey Stockbrokers Limited

Cater Allen Limited

Santander Cards UK Limited

Santander Consumer (UK) Plc

Santander UK Plc

Santander ISA Managers Limited8

Hyundai Capital UK Limited8

7Part 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 for group respondents - chargeable cases (general)

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) 1259 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) -

{£0 x [170,0009] x the ‘proportion X’} – {£0 x 125}

(2) in respect of closed chargeable cases (PPI) -

£550 x [270,0009] x the ‘proportion Y’

(3) In respect of closed chargeable cases (general)-

{£550 x [136,0009] x the proportion Z’} – {£550 x 1259}

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)9 1 January.

5

Year-end adjustment:

(1) (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 10,000 and is more than [115%] of {[170,0009] x the 'proportion X'}:8

(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%]. 8

(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 {[136,0009] x the proportion Z’}:8

(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) closed chargeable cases (general) over the [115%.].8

(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 {[136,0009] 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%.].8