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You are viewing the version of the document as on 2021-12-09.

FEES 5 Annex 3R Case Fees Payable for 2021/22468911

R

5Part 1 - Standard case fees

Standard case fee

6

In the:

Compulsory jurisdiction and Voluntary jurisdiction

7

£75014

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

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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.

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74

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

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

Part 2 - Supplementary case fees

Supplementary6 case fee

6
6

In the:

Compulsory jurisdiction and Voluntary jurisdiction

7

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

6

£607

7
6

Notes

6

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 when payable 7will 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 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

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:

13

10

13

8

Barclays Asset Management Limited

Barclays Bank Plc

Barclays Bank UK Plc13

13

Barclays Capital Securities Limited

13

10

13

Barclays Insurance Services Company Limited

Barclays Investment Solutions Limited13

Barclays Mercantile Business Finance Limited

Barclays Private Clients International Limited

Barclays Security Trustee Limited14

Barclays Sharedealing

Barclays Stockbrokers Limited

13

10

Clydesdale Financial Services Limited

Firstplus Financial Group Plc

Gerrard Financial Planning Ltd

13

14

13

Monument Trinity A Designated Activity Company14

Oak Pension Asset Management Limited14

Solution Personal Finance Limited

Standard Life Bank Plc

Woolwich Plan Managers Limited

Zedra Trust Company (UK) Limited13

9

8

2

HSBC Group, comprising the following firms:

13

B & Q Financial Services Limited13

HFC Bank Limited

HSBC Alternative Investments Limited

HSBC Bank Malta plc

HSBC Bank plc

HSBC Bank USA NA, London Branch13

HSBC Continental Europe14

HSBC Equipment Finance (UK) Limited13

HSBC Finance Limited13

14

13

HSBC Global Asset Management (France)10

HSBC Global Asset Management (UK) Limited

13

HSBC International Financial Advisers (UK) Limited

HSBC Investment Funds

13

HSBC Life (UK) Limited

HSBC Private Bank (Luxembourg) S.A.

HSBC Private Bank (UK) Limited

HSBC Securities (USA) Inc

13

HSBC Trinkaus & Burkhardt AG

HSBC Trust Company (UK) Ltd

HSBC UK Bank plc11

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:

13

10

AMC Bank Ltd

Bank of Scotland (Ireland) Limited

Bank of Scotland Plc

Black Horse Limited

BOS Personal Lending Limited13

Cheltenham & Gloucester plc

Clerical Medical Financial Services Limited

Clerical Medical Investment Fund Managers Ltd

14

Clerical Medical Managed Funds Limited

13

13

13

10

Halifax Financial Brokers Limited

Halifax General Insurance Services Limited

13

Halifax Insurance Ireland Ltd

Halifax Investment Services Ltd

Halifax Life Limited

Halifax Share Dealing Limited

HBOS Investment Fund Managers Limited

Housing Growth Partnership Manager Limited13

HVF Limited13

Hyundai Car Finance Limited13

International Motors Finance Limited13

13

10

13

IWeb (UK) Limited

LDC (Managers) Limited

Legacy Renewal Company Limited

Lex Autolease Ltd

Lex Autolease Carselect Limited13

Lex Vehicle Leasing Ltd

Lloyds Bank Corporate Markets Plc13

Lloyds Development Capital (Holdings) Limited

Lloyds Bank Plc

Lloyds TSB Financial Advisers Limited

Lloyds Bank General Insurance Limited

Lloyds Bank Insurance Services Limited

13

Lloyds Bank Private Banking Limited

Loans.co.uk Limited13

NFU Mutual Finance Limited13

Pensions Management (SWF) Limited

Scottish Widows Administration Services Limited

Scottish Widows Annuities Limited

Scottish Widows Bank Plc

Scottish Widows Fund Management Limited

Scottish Widows Limited10

14

Scottish Widows Unit Funds Limited

Scottish Widows Unit Trust Managers Limited

Shogun Finance Limited13

St Andrew's Insurance plc

St Andrew's Life Assurance Plc

Suzuki Financial Services Limited13

SW Funding plc10

13

10

The Mortgage Business Plc

13

MBNA Limited11

United Dominions Trust Limited13

4

RBS/NatWest Group, comprising the following firms:

13

10

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

NatWest Markets N.V.13

NatWest Markets Plc13

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

13

8

13

10

Ulster Bank Ireland Limited

Ulster Bank Ltd

5

Aviva Group, comprising the following firms:8

13

Aviva Administration Limited13

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 Investment Solutions UK Limited13

Aviva Investors Global Services Limited

13

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

13

Scottish Boiler and General Insurance Company Ltd

The Ocean Marine Insurance Company Limited

13

Friends10 Annuities Limited9

Friends Life and Pensions Limited9

Friends Life FPLMA Limited9

14

9

Friends Life Limited9

Friends Life Marketing Limited9

14

9

Friends Provident International Limited9

13

9

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

13

E-Mex Home Funding Limited

Nationwide Building Society

Nationwide Independent Financial Services Limited

Portman Building Society10

8

The Mortgage Works (UK) Plc

UCB Home Loans Corporation Ltd

8

Santander Group, comprising the following firms:8

13

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

Santander Financial Services Plc13

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) 5013 new chargeable cases (PPI); and

(5) 5013 closed chargeable cases (general).

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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 [10,00014] x the ‘proportion X’} – {£0 x 5013}

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(2) in respect of closed chargeable cases (PPI) -£75014 x [20,00014] x the ‘proportion Y’

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(3) in10 respect of closed chargeable cases (general)-{£750 14 x [200,00014] x the proportion Z’} – {£75014 x 50}

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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:

(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 [115%] of {[10,00014] 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

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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 {[200,00014] 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 £75,00014 for each block of 100 (or part thereof) closed chargeable cases (general) over the [115%.].8

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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 {[200,00014] x the proportion Z’}, the FOS Ltd will promptly repay to the relevant charging group £75,00014 for each block of 100 (or part thereof) closed chargeable cases (general) under the [85%.].8

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