DISP 1 Treating complainants fairly

1. (-1)

    This chapter applies to a TP firm. This rule demonstrates the contrary intention under GEN 2.2.26R.

2. (1)

    Subject to DISP 1.1.5 R, this chapter applies to a firm in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its appointed representative:

   1. (a)

       in the United Kingdom; or

   2. (b)

       in an EEA State, in the case of a TP firm with respect to services provided into the United Kingdom.

3. (1A)

    This chapter also applies to a firm in respect of complaints from eligible complainants concerning activities which are, or which are ancillary to, regulated claims management activities.

4. (2)

    For the MiFID complaints   of a MiFID investment firm:

   1. (a)

       DISP 1.1A applies; and

   2. (b)

       the other provisions of this chapter apply only as set out in DISP 1.1A.

   3. (c)

       [deleted]

5. (2A)

    For the MiFID complaints of a third country investment firm received from retail clients or elective professional clients:

   1. (a)

       DISP 1.1A applies; and

   2. (b)

       the other provisions of this chapter apply only as set out in DISP 1.1A.

6. (3)

    [deleted]

7. (4)

    [deleted]

8. (5) The following provisions apply to a Gibraltar-based firm as they would have applied had they been made (as amended) before IP completion day:
   1. (a) DISP 1.4.4AG; and

   2. (b) DISP 1.6.1R.

       

Where a firm has outsourced activities to a third party processor, DISP 1.1.3 R does not apply to the third party processor when acting as such, but applies to the firm which is taking responsibility for the acts and omissions of the third party processor in respect of the outsourced activities.

This chapter does not apply to:

1. (1)

   [deleted]

2. (2)

   [deleted]

3. (3)

   an authorised professional firm in respect of expressions of dissatisfaction about its non-mainstream regulated activities;

4. (3A)

   a firm in respect of complaints concerning activities which:

   1. (a)

      are not carried on in Great Britain but which would be regulated claims management activities if they were carried on in Great Britain; or

   2. (b)

      are ancillary to activities described in (a);

5. (4)

   complaints in respect of auction regulation bidding;

6. (5)

   a full-scope UK AIFM or a small authorised UK AIFM, for complaints concerning AIFM management functions carried on for an AIF that is a body corporate unless it is a collective investment scheme;

7. (6)

   a depositary, for complaints concerning activities carried on for an AIF that is:

   1. (a)

      a body corporate unless it is a collective investment scheme; or

   2. (b)

      another type of AIF unless it is:

      1. (i)

         an authorised AIF; or

      2. (ii)

         [deleted]

      3. (iii)

         a charity AIF; and

8. (7)

   complaints in respect of administering a benchmark.

DISP 1.6.2A, DISP 1.6.2B (rules relating to EMD complaints and PSD complaints), the complaints reporting rules, the complaints reporting directions and the complaints data publication rules do not apply to a credit union.

This chapter applies to the Society, members of the Society and managing agents, subject to the Lloyd's complaint rules.

In relation to a firm's obligations under this chapter, references to a complaint also include an expression of dissatisfaction which is capable of becoming a:

1. (1)

   relevant new complaint;

2. (2)

   relevant transitional complaint;

3. (3)

   relevant new credit-related complaint;

4. (4)

   relevant new claims management complaint; or

5. (5)

   relevant transitional funeral plan complaint.

Where insurance distribution activities are carried on from an establishment maintained by it or its appointed representative in the United Kingdom (or in an EEA State, in the case of a TP firm with respect to services provided into the United Kingdom), a firm must have in place and operate appropriate and effective procedures for registering and responding to complaints from a person who is not an eligible complainant.

[Note: article 14 of the IDD]

This chapter (except the complaints reporting rules and the complaints data publication rules) applies to payment service providers that are not firms in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by that payment service provider or its agent in the United Kingdom (or in an EEA State, in the case of a TA PI firm or a TA RAISP firm with respect to services provided into the United Kingdom).

This chapter (except the complaints reporting rules, and the complaints data publication rules) applies to an electronic money issuer that is not a firm in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by that electronic money issuer or its agent in the United Kingdom (or in an EEA State, in the case of a TA EMI firm with respect to services provided into the United Kingdom).

For complaints related to collective portfolio management services of a UK UCITS management company for a UCITS scheme or a scheme which, immediately before IP completion day, was an EEA UCITS scheme, DISP 1.1.3R (1) applies, except where modified as follows:

1. (1)

   the consumer awareness rules, complaints handling rules and complaints record rule apply in respect of complaints from Unitholders rather than from eligible complainants; and

2. (2)

   [deleted]

This chapter (except the complaints record rule, the complaints reporting rules and the complaints data publication rules) applies to CBTL firms in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained in the United Kingdom.

This chapter (except the complaints record rule, the complaints reporting rules and the complaints data publication rules) applies to a designated credit reference agency in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its agent in the United Kingdom.

This chapter (except the complaints record rule, the complaints reporting rules, and the complaints data publication rules) applies to a designated finance platform in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its agent in the United Kingdom.

In relation to a relevant motor finance DCA complaint or a motor finance non-DCA complaint:

1. (1)

   DISP 1.6; and

2. (2)

   DISP 1.9,

apply as modified by DISP App 5.

Where the subject matter of a complaint is subject to a review directly or indirectly under the terms of the policy statement for the review of specific categories of FSAVC business issued by the FSA on 28 February 2000, the complaints resolution rules, the complaints time limit rules, the complaints record rule, the complaints reporting rules and the complaints data publication rules will apply only if the complaint is about the outcome of the review.

Where the subject matter of a complaint falls to be dealt with (or has properly been dealt with) under a consumer redress scheme, the complaints resolution rules, the complaints time limits rules, the complaints record rule and the complaints reporting rules do not apply.

1. (1)

   A firm, payment service provider, electronic money issuer, designated credit reference agency or designated finance platform falling within the Compulsory Jurisdiction which does not conduct business with eligible complainants and has no reasonable likelihood of doing so, can, by written notification to the FCA, claim exemption from the rules relating to the funding of the Financial Ombudsman Service, and from the remainder of this chapter.

2. (2)

   Notwithstanding (1):

   1. (a)

      DISP 1.1A will continue to apply to MiFID complaints; and

   2. (b)

      the consumer awareness rules, the complaints handling rules and the complaints record rule will continue to apply in respect of complaints concerning the provision of collective portfolio management services.

3. (3)

   The exemption takes effect from the date on which the written notice is received by the FCA and will cease to apply when the conditions relating to the exemption no longer apply.

This chapter (except the complaints record rule, the complaints reporting rules and the complaints data publication rules) applies to VJ participants for complaints from eligible complainants as part of the standard terms.

This section:

1. (1)

   applies to the MiFID complaints of a MiFID investment firm and does not apply to complaints that are not MiFID complaints;

2. (2)

   also applies to the MiFID complaints of a third country investment firm received from a retail client or an elective professional client but does not apply to complaints that are not MiFID complaints; and

3. (3)

   applies certain other provisions in DISP 1 to such complaints.

1. (1)

    Only the provisions in (a) to (l) below apply to a MiFID complaint received from a retail client, professional client or an eligible counterparty that is not an eligible complainant:

   1. (a)

       1.1A.10R;

   2. (b)

       1.1A.12R;

   3. (c)

       1.1A.13R;

   4. (d)

       1.1A.16R;

   5. (e)

       1.1A.17R;

   6. (f)

       1.1A.18R;

   7. (g)

       1.1A.24R;

   8. (h)

       1.1A.25R;

   9. (i)

       1.1A.29R;

   10. (j)

        1.1A.30R;

   11. (k)

        1.1A.37R; and

   12. (l)

        1.1A.38R.

2. (2)

    But where the retail client, professional client or eligible counterparty is also an eligible complainant, all of the provisions in this section apply.

A MiFID investment firm must provide information to eligible complainants, in a clear, comprehensible and easily accessible way, about the Financial Ombudsman Service (including the Financial Ombudsman Service’s website address):

1. (1)

   on its website, where one exists; and

2. (2)

   if applicable, in the general conditions of its contracts with eligible complainants.

[Note: subject to a few minor changes reflecting its amended application, this provision replicates DISP 1.2.1R(4)]

[Note: article 13(2) of the ADR Directive, article 14(1) of the ODR Regulation, and regulation 19 of the ADR Regulations]

Once a MiFID complaint has been received by a MiFID investment firm, the firm must:

1. (1)

   investigate the complaint competently, diligently and impartially, obtaining additional information as necessary;

2. (2)

   assess fairly, consistently and promptly:

   1. (a)

      the subject matter of the complaint;

   2. (b)

      whether the complaint should be upheld;

   3. (c)

      what remedial action or redress (or both) may be appropriate; and

   4. (d)

      if appropriate, whether it has reasonable grounds to be satisfied that another respondent may be solely or jointly responsible for the matter alleged in the complaint; and

3. (3)

   comply promptly with any offer of remedial action or redress accepted by the complainant.

[Note: subject to a few minor changes reflecting its amended application, this provision replicates DISP 1.4.1R(1), (2) and (5).]

Where a MiFID complaint against a MiFID investment firm is referred to the Financial Ombudsman Service, the MiFID investment firm must cooperate fully with the Financial Ombudsman Service and comply promptly with any settlements or awards made by it.

[Note: subject to a few minor changes reflecting its amended application, this provision replicates DISP 1.4.4R.]

If a MiFID investment firm resolves a MiFID complaint by close of business on the third business day following the day on which it is received, it may choose to comply with DISP 1.1A.24R to DISP 1.1A.27G rather than with DISP 1.1A.28R to DISP 1.1A.34G.

The explanation given by MiFID investment firms to clients or potential clients in accordance with DISP 1.1A.25R must also:

1. (1)

    refer to the fact that the complainant has made a MiFID complaint and inform the complainant that the MiFID investment firm now considers the MiFID complaint to have been resolved;

2. (2)

    inform the complainant that if, still dissatisfied with the resolution of the MiFID complaint, the complainant may be able to refer it to the Financial Ombudsman Service;

3. (3)

    indicate whether or not the respondent consents to waiving the relevant time limits in DISP 2.8.2R or DISP 2.8.7R (Was the complaint referred to the Financial Ombudsman Service in time?) by including the appropriate wording set out in DISP 1 Annex 3R;

4. (4)

    provide the website address of the Financial Ombudsman Service; and

5. (5)

    refer to the availability of further information on the website of the Financial Ombudsman Service.

[Note: article 13 of the ADR Directive]

On receipt of a MiFID complaint, a MiFID investment firm must:

1. (1)

   send the complainant a prompt written acknowledgement providing early reassurance that it has received the MiFID complaint and is dealing with it; and

2. (2)

   ensure the complainant is kept informed thereafter of the progress of the measures being taken for the MiFID complaint’s resolution.

[Note: subject to a few minor changes reflecting its amended application, this provision replicates DISP 1.6.1R.]

MiFID investment firms must communicate their position on the MiFID complaint to clients or potential clients and inform the clients or potential clients about their options, including that they may be able to refer the complaint to an alternative dispute resolution entity, as defined in regulation 4 of the ADR Regulations, or that the client may be able to take civil action.

[Note: See the ADR Directive.]

The explanation given by MiFID investment firms to clients or potential clients in accordance with DISP 1.1A.30R must also:

1. (1)

    enclose a copy of the Financial Ombudsman Service's standard explanatory leaflet;

2. (2)

    provide the website address of the Financial Ombudsman Service;

3. (3)

    inform the complainant that if, still dissatisfied with the respondent's response, the complaint may now be referred to the Financial Ombudsman Service; and

4. (4)

    indicate whether or not the respondent consents to waiving the relevant time limits in DISP 2.8.2R or DISP 2.8.7R (Was the complaint referred to the Financial Ombudsman Service in time?) by including the appropriate wording set out in DISP 1 Annex 3R.

[Note: article 13 of the ADR Directive]

DISP 1.7 also applies to a MiFID complaint received by a MiFID investment firm.

If a MiFID investment firm receives a MiFID complaint which is outside the time limits for referral to the Financial Ombudsman Service (see DISP 2.8) it may reject the MiFID complaint without considering the merits, but must explain this to the complainant in a final response.

[Note: subject to a few minor changes reflecting its amended application, this provision replicates DISP 1.8]

The complaints reporting rules also apply to the MiFID complaints of a firm, except that the relevant parts of the report which the firm must provide to the FCA under DISP 1.10.1R must, in relation to MiFID complaints, include information about such complaints received from retail clients, professional clients, and (where relevant) eligible counterparties rather than eligible complainants.

The complaints data publication rules apply to the MiFID complaints of a firm.

To aid consumer awareness of the protections offered by the provisions in this chapter, respondents must:

1. (1)

   publish appropriate information regarding their internal procedures for the reasonable and prompt handling of complaints;

2. (2)

   refer eligible complainants to the availability of this information:

   1. (a)

      in relation to a payment service, in the information on out-of-court complaint and redress procedures required to be provided or made available under regulations 43(2)(e) (Information required prior to the conclusion of a single payment service contract) or 48 (Prior general information for framework contracts) of the Payment Services Regulations; or

   2. (aa)

      in relation to CBTL arrangers, in the information on registering complaints internally and out-of-court complaint and redress procedures provided under article 7(1)(h) of Schedule 2 to the MCD Order; or

   3. (b)

      otherwise, in writing at, or immediately after, the point of sale; and

   4. (c)

      in relation to a payment service, at the branch where the service is provided;

3. (3)

   provide such information in writing and free of charge to eligible complainants:

   1. (a)

      on request; and

   2. (b)

      when acknowledging a complaint; and

4. (4)

   provide information to eligible complainants, in a clear, comprehensible and easily accessible way, about the Financial Ombudsman Service including the Financial Ombudsman Service's website address:

   1. (a)

      on the respondent's website, where one exists; and

   2. (b)

      if applicable, in the general conditions of the respondent's contract with the eligible complainant.

Where the activity does not involve a sale, the obligation in DISP 1.2.1R(2)(b):

1. (1)

   shall apply at, or immediately after, the point when contact is first made with an eligible complainant; and

2. (2)

   where the respondent is a not-for-profit debt advice body:

   1. (a)

      may be met at, or immediately after, the point when contact is first made with an eligible complainant, by making an oral reference to the availability of the information if the respondent does not communicate with the eligible complainant in writing then; and

   2. (b)

      must be met in writing on the first occasion on which the respondent communicates with the eligible complainant in writing.

Effective and transparent procedures for the reasonable and prompt handling of complaints must be established, implemented and maintained by a respondent.

These procedures must ensure that a complaint may be made free of charge.

Where a respondent operates a telephone line for the purpose of enabling an eligible complainant to submit a complaint, the complainant must not be bound to pay more than the basic rate when contacting the respondent by telephone.

For the purposes of DISP 1.3.1AAR the basic rate is the simple cost of connection and must not provide the respondent with a contribution to its costs or revenues.

The following numbers, if used by a respondent, would comply with DISP 1.3.1ABR:

1. (1)

   geographic numbers or numbers which are always set at the same rate, which usually begin with the prefix 01, 02 or 03;

2. (2)

   calls which can be free of charge to call, for example 0800 and 0808 numbers; and

3. (3)

   standard mobile numbers, which usually begin with the prefix 07, provided that the respondent ordinarily uses a mobile number to receive telephone calls.

The following numbers, if used by a respondent, would not comply with DISP 1.3.1ABR:

1. (1)

   premium rate numbers that begin with the prefix 09;

2. (2)

   other revenue sharing numbers in which a portion of the call charge can be used to either provide a service or make a small payment to the respondent, such as telephone numbers that begin with the prefix 084 or 0871, 0872 or 0873; and

3. (3)

   telephone numbers that begin with the prefix 0870, as the cost of making a telephone call on such numbers can be higher than a geographic cost and will vary depending on the eligible complainant's telephone tariff.

A UK UCITS management company must ensure that the procedures it establishes under DISP 1.3.1 R for the reasonable and prompt handling of complaints require that unitholders are allowed to file complaints in any of the official languages of the Home State of the UCITS scheme or a scheme which, immediately before IP completion day, was an EEA UCITS scheme or of any EEA State to which a notification was transmitted by the competent authority of the scheme’s Home State in accordance with article 93 of the UCITS Directive.

A respondent must put in place appropriate management controls and take reasonable steps to ensure that in handling complaints it identifies and remedies any recurring or systemic problems, for example, by:

1. (1)

   analysing the causes of individual complaints so as to identify root causes common to types of complaint;

2. (2)

   considering whether such root causes may also affect other processes or products, including those not directly complained of; and

3. (3)

   correcting, where reasonable to do so, such root causes.

1. (1)

   A firm must appoint an individual at the firm, or in the same group as the firm, to have responsibility for oversight of the firm's compliance with DISP 1.

2. (2)

   The individual appointed must be carrying out a FCA governing function at the firm or in the same group as the firm.

3. (3)

   If there are no individuals at the firm or in the same group as the firm within (2), the firm must appoint an individual of appropriate seniority.

4. (4)

   A person approved to perform the limited scope function for the firm or for a firm in the same group as the firm satisfies the condition in (3).

Once a complaint has been received by a respondent, it must:

1. (1)

   investigate the complaint competently, diligently and impartially, obtaining additional information as necessary;

2. (2)

   assess fairly, consistently and promptly:

   1. (a)

      the subject matter of the complaint;

   2. (b)

      whether the complaint should be upheld;

   3. (c)

      what remedial action or redress (or both) may be appropriate;

   4. (d)

      if appropriate, whether it has reasonable grounds to be satisfied that another respondent may be solely or jointly responsible for the matter alleged in the complaint;

taking into account all relevant factors;

1. (3)

   offer redress or remedial action when it decides this is appropriate;

2. (4)

   explain to the complainant promptly and, in a way that is fair, clear and not misleading, its assessment of the complaint, its decision on it, and any offer of remedial action or redress; and

3. (5)

   comply promptly with any offer of remedial action or redress accepted by the complainant.

Where a complaint against a respondent is referred to the Financial Ombudsman Service, the respondent must cooperate fully with the Financial Ombudsman Service and comply promptly with any settlements or awards made by it.

The following rules do not apply to a complaint that is resolved by a respondent by close of business on the third business day following the day on which it is received:

1. (1)

   the complaints time limit rules; and

2. (2)

   the complaints forwarding rules.

3. (3)

   [deleted]

4. (4)

   [deleted]

5. (5)

   [deleted]

A complaint is resolved where the complainant has indicated acceptance of a response from the respondent, with neither the response nor acceptance having to be in writing.

Where the respondent considers a complaint to be resolved under this section, the respondent must promptly send the complainant a ‘summary resolution communication’, being a written communication from the respondent which:

1. (1)

   refers to the fact that the complainant has made a complaint and informs the complainant that the respondent now considers the complaint to have been resolved;

2. (2)

   tells the complainant that if he subsequently decides that he is dissatisfied with the resolution of the complaint he may be able to refer the complaint to the Financial Ombudsman Service;

3. (3)

   indicates whether or not the respondent consents to waive the relevant time limits in DISP 2.8.2R or DISP 2.8.7R (Was the complaint referred to the Financial Ombudsman Service in time?) by including the appropriate wording set out in DISP 1 Annex 3R;

4. (4)

   provides the website address of the Financial Ombudsman Service; and

5. (5)

   refers to the availability of further information on the website of the Financial Ombudsman Service.

On receipt of a complaint, a respondent must:

1. (1) send the complainant a prompt written acknowledgement providing:
   1. (a) early reassurance that it has received the complaint and is dealing with it; and
   2. (b) a statement explaining that the respondent will send:
      1. (i) in the case of an EMD complaint or a PSD complaint:
         1. (A) a final response within 15 business days of its receipt of the complaint, in accordance with DISP 1.6.2AR(1); or
         2. (B) in exceptional circumstances, a holding response within 15 business days of its receipt of the complaint and a final response within 35 business days of its receipt of the complaint, in accordance with DISP 1.6.2AR(2); or
      2. (ii) in the case of any other complaint, a written response within 8 weeks of its receipt of the complaint, that being either a final response in accordance with DISP 1.6.2R(1) or a written response in accordance with DISP 1.6.2R(2); and

2. (2)

    ensure the complainant is kept informed thereafter of the progress of the measures being taken for the complaint's resolution.

Subject to DISP 1.6.2AR, the respondent must, by the end of eight weeks after its receipt of the complaint, send the complainant:

1. (1)

   a 'final response', being a written response from the respondent which:

   1. (a)

      accepts the complaint and, where appropriate, offers redress or remedial action; or

   2. (b)

      offers redress or remedial action without accepting the complaint; or

   3. (c)

      rejects the complaint and gives reasons for doing so;

   and which:

   1. (d)

      encloses a copy of the Financial Ombudsman Service's standard explanatory leaflet;

   2. (da)

      provides the website address of the Financial Ombudsman Service;

   3. (e)

      informs the complainant that if he remains dissatisfied with the respondent's response, he may now refer his complaint to the Financial Ombudsman Service; and

   4. (f)

      indicates whether or not the respondent consents to waive the relevant time limits in DISP 2.8.2 R or DISP 2.8.7 R (Was the complaint referred to the Financial Ombudsman Service in time?) by including the appropriate wording set out in DISP 1 Annex 3R; or

   [Note: respondents are reminded of their obligations under regulation 19 of the ADR Regulations, which requires respondents to provide equivalent messaging in respect of the time limit in DISP 2.8.9R (Payment protection insurance complaints)]

2. (2)

   a written response which:

   1. (a)

      explains why it is not in a position to make a final response and indicates when it expects to be able to provide one;

   2. (b)

      informs the complainant that he may now refer the complaint to the Financial Ombudsman Service;

   3. (ba)

      indicates whether or not the respondent consents to waive the relevant time limits in DISP 2.8.2 R or DISP 2.8.7 R (Was the complaint referred to the Financial Ombudsman Service in time?) if it becomes apparent that the complaint has been made or is referred outside those time limits;

   4. (c)

      encloses a copy of the Financial Ombudsman Service standard explanatory leaflet; and

   5. (d)

      provides the website address of the Financial Ombudsman Service.

Where a complaint is an EMD complaint or a PSD complaint, the respondent must:

1. (1)

   send a final response to the complainant by the end of 15 business days after the day on which it received the complaint; or

2. (2)

   in exceptional circumstances, if a final response cannot be given in accordance with paragraph (1) for reasons beyond the control of the respondent:

   1. (a)

      send a holding response to the complainant by the end of 15 business days after the day on which it received the complaint, clearly indicating the reasons for the delay in answering the complaint and specifying the deadline by which it will send the final response; and

   2. (b)

      send a final response to the complainant by the end of 35 business days after the day on which it received the complaint.

   A final response sent under (1) or (2) above must be on paper, or if agreed between the respondent and the complainant, on another durable medium.

[Note: article 101 of the Payment Services Directive]

Where only part of a complaint is an EMD complaint or a PSD complaint, that part must be treated in accordance with DISP 1.6.2AR.

As the time limits in DISP 1.6.2AR are shorter than those in DISP 1.6.2R a respondent may choose to treat the whole complaint in accordance with DISP 1.6.2AR (see also DISP 2.8AR).

DISP 1.6.2 R does not apply if the complainant has already indicated in writing acceptance of a response by the respondent, provided that the response:

1. (1)

   informed the complainant how to pursue his complaint with the respondent if he remains dissatisfied;

2. (2)

   referred to the ultimate availability of the Financial Ombudsman Service if he remains dissatisfied with the respondent's response;

3. (3)

   enclosed a copy of the Financial Ombudsman Service standard explanatory leaflet;

4. (4)

   provided the website address of the Financial Ombudsman Service; and

5. (5)

   indicated whether or not the respondent consents to waive the relevant time limits in DISP 2.8.2 R or DISP 2.8.7 R (Was the complaint referred to the Financial Ombudsman Service in time?) by including the appropriate wording set out in DISP 1 Annex 3 R.

A respondent that has reasonable grounds to be satisfied that another respondent may be solely or jointly responsible for the matter alleged in a complaint may forward the complaint, or the relevant part of it, in writing to that other respondent, provided it:

1. (1)

   does so promptly;

2. (2)

   informs the complainant promptly in a final response of why the complaint has been forwarded by it to the other respondent, and of the other respondent's contact details; and

3. (3)

   where jointly responsible for the fault alleged in the complaint, it complies with its own obligations under this chapter in respect of that part of the complaint it has not forwarded.

When a respondent receives a complaint that has been forwarded to it under DISP 1.7.1 R, the complaint is treated for the purposes of DISP as if made directly to that respondent, and as if received by it when the forwarded complaint was received.

If a respondent receives a complaint which is outside the time limits for referral to the Financial Ombudsman Service (see DISP 2.8) it may reject the complaint without considering the merits, but must explain this to the complainant in a final response in accordance with DISP 1.6.2 R or DISP 1.6.2AR.

A firm, a payment service provider or an e-money issuer, must keep a record of each complaint received and the measures taken for its resolution, and retain that record for:

1. (1)

    at least five years where the complaint relates to collective portfolio management services for a UCITS scheme or a scheme which, immediately before IP completion day, was an EEA UCITS scheme; and

2. (2)

    three years for all other complaints;

from the date the complaint was received.

1. (1)

    Twice a year a firm must provide the FCA with a complete report concerning complaints received from eligible complainants.

2. (1A) Reports are to be submitted to the FCA within 30 business days of the end of the relevant reporting periods through, and in the electronic format specified in, the FCA Complaints Reporting System or the appropriate section of the FCA website.
3. (2) [deleted]
4. (3) [deleted]

5. (4)

    Paragraphs (1) and (1A) do not apply to a firm with only a limited permission unless that firm is a not-for-profit debt advice body that at any point in the last 12 months has held £1 million or more in client money or as the case may be, projects that it will hold £1million or more in client money in the next 12 months.

A firm must not include in the report a complaint that has been forwarded in its entirety to another respondent under the complaints forwarding rules.

The report required in DISP 1.10.1R(1) must include (for the relevant reporting period set out in DISP 1.10.4R):

1. (1) information about whether a firm intends to file a nil return where there have been no complaints received during the reporting period and no complaints were outstanding;
2. (2) information about whether a firm consents to the FCA publishing the complaints data and contextual information contained in the firm's report, as required under DISP 1.10A, prior to the firm's own publication, and whether this data and information accurately reflects what will be published by the firm under DISP 1.10A;
3. (3) the numbers of complaints opened and closed, together with details of redress paid. A firm should provide the information set out in the following categories, and return specific categories set out in DISP 1.10.1FR to DISP 1.10.1JR as relevant:
   1. (a) complaints closed within 3 days;
   2. (b) complaints closed within 8 weeks but after 3 days;
   3. (c) complaints closed after 8 weeks;
   4. (d) complaints open after more than 8 weeks;
   5. (e) total complaints closed;
   6. (f) total complaints upheld;
   7. (g) total redress paid for upheld complaints;
   8. (h) total redress paid for complaints not upheld;
   9. (i) highest redress paid;
   10. (j) total redress paid;
   11. (k) complaints closed by consumers who are identified as vulnerable;
   12. (l) complaints opened by consumers who are identified as vulnerable;
   13. (m) complaints closed that relate to the firm’s failure to consider or respond appropriately to a consumer’s vulnerability; and
   14. (n) complaints opened that relate to the firm’s failure to consider or respond appropriately to a consumer’s vulnerability; and
4. (4) further information, as set out at DISP 1.10.1FR to DISP 1.10.1JR where the firm holds the relevant permissions set out therein and provides information relating to the services provided.

Where a firm holds permissions that do not fall into any of the categories set out in DISP 1.10.1GR to DISP 1.10.1JR, the report required in DISP 1.10.1R(1) must include:

1. (1) the number of complaints received, broken down by the focus of the complaint, as set out in DISP 1 Annex 1.2R, and the service provided, as detailed in DISP 1 Annex 1.3R;
2. (2) complaint outcomes during the reporting period, broken down by the service provided, as detailed in DISP 1 Annex 1.3R, in the categories set out at DISP 1.10.1ER(3), together with the total complaints outstanding at the reporting period start date; and
3. (3) if applicable, contextualisation data, broken down by the sector and service provided, as detailed in DISP 1 Annex 1.3R, and the contextualisation metrics set out at DISP 1 Annex 1.4R.

Where an electronic money institution, a payment institution, a registered account information service provider or a credit institution that provides a payment service or issues electronic money completes the report referred to in DISP 1.10.1R(1), this must include:

1. (1) the total number of complaints relating to payment services and electronic money issuance outstanding at the reporting period start date;
2. (2) the number of complaints received, broken down by the service provided, as detailed in DISP 1 Annex 1.5R, and whether the complaint has been closed, upheld or escalated to the Financial Ombudsman Service;
3. (3) complaint outcomes during the reporting period, broken down by whether the payment service or electronic money was provided by the firm or its agents and distributors, in the categories set out at DISP 1.10.1ER(3)(c) to (n), together with the following further categories:
   1. (a) complaints closed within 3 business days;
   2. (b) complaints closed after 3 business days but within 15 business days;
   3. (c) complaints closed after 15 business days but within 35 business days;
   4. (d) complaints closed after 35 business days but within 8 weeks; and
   5. (e) total complaints outstanding at the reporting period start date;
4. (4) the following contextualisation metrics, broken down by the service provided, as detailed in DISP 1 Annex 1.5R:
   1. (a) payment volume in the reporting period; and
   2. (b) how many customers have used the firm's service in the reporting period; and
5. (5) the number of complaints received, broken down by the focus of the complaint, as detailed in DISP 1 Annex 1.6R, and the outcome of the complaint, using the following outcomes:
   1. (a) total opened;
   2. (b) total closed;
   3. (c) total upheld;
   4. (d) total escalated to Financial Ombudsman Service; and
   5. (e) total redress paid.

Where a firm has funeral plan permissions, the report referred to in DISP 1.10.1R(1) must include:

1. (1) the total number of complaints outstanding at the reporting period start date;
2. (2) the total number of complaints opened during the reporting period;
3. (3) the number of complaints received, broken down by the focus of the complaint, as detailed in DISP 1 Annex 1.7R, and by whether the complaint was made pre-redemption or post-redemption; and
4. (4) complaint outcomes during the reporting period, in the categories set out at DISP 1.10.1ER(3).

Where a firm has permissions of a credit firm , the report referred to in DISP 1.10.1R(1) must include:

1. (1) the number of complaints received, broken down by the focus of the complaint, as set out in DISP 1 Annex 1.8R, and the service provided, as detailed in DISP 1 Annex 1.9R; and
2. (2) complaint outcomes during the reporting period, broken down by the service provided, as detailed in DISP 1 Annex 1.9R, in the categories set out at DISP 1.10.1ER(3), together with the following further categories:
   1. (a) redress paid in relation to the claims management fee cap, where this was done at the firm's instigation rather than as the result of a complaint about the fee; and
   2. (b) total number of complaints outstanding at the reporting period start date.

Where a firm has permission to carry out regulated claims management activity, the report referred to in DISP 1.10.1R(1) must include:

1. (1) the total number of complaints outstanding at the reporting period start date;
2. (2) the total number of complaints opened during the reporting period;
3. (3) the total number of leads generated or obtained during the reporting period;
4. (4) the total number of claims opened during the reporting period;
5. (5) the number of complaints received, broken down by the focus of the complaint, as set out in DISP 1 Annex 1.10R, and the area of law concerned, as detailed in DISP 1 Annex 1.11R; and
6. (6) information about redress paid in relation to the claims management fee cap, where this was done at the firm's instigation rather than as the result of a complaint about the fee.

The relevant reporting periods are:

1. (1)

    1 January to 30 June; and

2. (2)

    1 July to 31 December.

Reports are to be submitted to the FCA within 30 business days of the end of the relevant reporting periods.

Where the FCA grants a person’s application for annulment of a cancellation or variation of its Part 4A permission under Schedule 6A to the Act and on the date of the annulment, the period for reports to be submitted to the FCA in accordance with DISP 1.10.5R has passed, the period within which the reports are to be submitted under DISP 1.10.5R does not apply. The person must submit such reports to the FCA within 30 business days of the date on which the annulment takes effect.

If a firm is unable to submit a report in electronic format because of a systems failure of any kind, the firm must notify the FCA, in writing and without delay, of that systems failure.

1. (1)

   If a firm does not submit a complete report by the date on which it is due, in accordance with DISP 1.10.5 R, the firm must pay an administrative fee of £250.

2. (2)

   The administrative fee in (1) does not apply if the firm has notified the FCA of a systems failure in accordance with DISP 1.10.6 R.

A closed complaint is a complaint where:

1. (1)

    the firm has sent a final response; or

2. (2)

    the complainant has indicated in writing acceptance of the firm's earlier response under DISP 1.6.4 R.

For the purpose of inclusion in the public record maintained by the FCA, a firm must:

1. (1)

   provide the FCA, at the time of its authorisation, with details of a single contact point within the firm for complainants; and

2. (2)

   notify the FCA of any subsequent change in those details when convenient and, at the latest, in the firm's next report under the complaints reporting rules.

1. (1) Where, in accordance with DISP 1.10.1 R, a firm reports to the FCA 500 or more complaints, it must publish a summary of the complaints data contained in that report (the complaints data summary).
2. (1A) [deleted]
3. (2) [deleted]
4. (3) [deleted]
5. (4) Where, in accordance with SUP 16.12.4 R and SUP 16.12.29C R, a firm with a limited permission submits data item CCR007 to the FCA reporting 1000 or more complaints, it must publish the total number of complaints received.

The complaints data summary required by DISP 1.10A.1 R must be published in the format set out in DISP 1 Annex 1B R.

1. (1)

    Firms must publish the complaints data summary no later than 2 months after the end of the relevant reporting period set out in DISP 1.10.4R.

2. (2)

    [deleted]

3. (3)

    [deleted]

4. (4)

    [deleted]

5. (5) Where the firm is a firm with only a limited permission, the firm must publish the total number of complaints received no later than 28 February of the following year.

A firm must immediately confirm to the FCA, in an email submitted to [email protected], that the complaints data summary or total number of complaints (as appropriate) accurately reflects the report submitted to the FCA, that the summary or total number of complaints (as appropriate) has been published and where it has been published.

The Society must establish and maintain appropriate and effective procedures for handling complaints by policyholders against members of the Society which comply with this chapter.

A member of the Society must, in complying with this chapter, ensure that the arrangements which the member maintains are compatible with the Lloyd's complaint procedures, so that, taken as a whole, the requirements of this sourcebook are met.

The Society must ensure that the arrangements which the member maintains include a requirement which corresponds to DISP 1.2.1 R (4) (Publishing and providing summary details, and information about the Financial Ombudsman Service).

The Society must take reasonable steps to ensure that complaints by policyholders against members of the Society are dealt with under the Lloyd's complaint procedures and that members comply with the requirements of those procedures.

A complaint by a policyholder against a member of the Society may not be referred to the Financial Ombudsman Service until after the Lloyd's complaint procedures have been completed or until after the end of eight weeks from receipt of the complaint, whichever is the earlier.

1. (1)

   A notification claiming exemption under DISP 1.1.12 R from the complaints reporting rules and the rules relating to the funding of the Financial Ombudsman Service must be given to the FCA by the Society on behalf of any member eligible for an exemption.

2. (2)

   The Society must notify the FCA if the conditions relating to such an exemption no longer apply to a member who is exempt.

The report to be sent to the FCA under the complaints reporting rules must be provided by the Society and must cover all complaints by policyholders against members falling within the scope of the complaints reporting rules.

Where, in accordance with DISP 1.11.6 R, the Society submits a report to the FCA reporting 500 or more complaints, it must publish a summary of the complaints data contained in that report (the complaints data summary).

The Society must publish the complaints data summary in the format set out in the complaints publication form in DISP 1 Annex 1B R omitting details as to the firms and brands/trading names covered by the summary.

The deadlines for publication of the Society's complaints data summaries are:

1. (1)

   28 February for the summary of its report relating to the reporting period ending on 31 December of the previous year; and

2. (2)

   31 August for the summary of its report relating to the reporting period ending on 30 June of the same year.

The Society must immediately confirm to the FCA, in an email submitted to [email protected], that the complaints data summary accurately reflects the report submitted to the FCA, that the summary has been published and where it has been published.