Related provisions for DISP 3.1.5
61 - 78 of 78 items.
(1) When explaining the implications of a change, a firm should explain any changes to the benefits and significant or unusual exclusions arising from the change.(2) Firms will need to consider whether mid-term changes are compatible with the original policy, in particular whether it reserves the right to vary premiums, charges or other terms. Firms also need to ensure that any terms which reserve the right to make variations are not themselves unfair under the Unfair Terms Regulations
DISP 1.3.3 R requires the firm to 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. If a firm receives complaints about its sales of payment protection contracts it should analyse the root causes of those complaints including, but not limited to, the consideration of:(1) the concerns raised by complainants (both at the time of the sale and subsequently);(2)
In addition to the specific requirements in
, the policy must make provision for the following:
- (1)
for a firm with relevant income of more than £6,000,000, the aggregate limit identified in the table below:
- (2)
full retroactive cover in respect of the kinds of liabilities described in 13.1.9R for claims arising from work carried out by the firm, or on its behalf, in the past; and
- (3)
Relevant income is (£) |
Minimum aggregate limit of indemnity |
|
more than |
up to |
(£) |
6,000,000 |
7,000,000 |
1,150,000 |
7,000,000 |
8,000,000 |
1,300,000 |
8,000,000 |
9,000,000 |
1,450,000 |
9,000,000 |
10,000,000 |
1,600,000 |
10,000,000 |
12,500,000 |
2,000,000 |
12,500,000 |
15,000,000 |
2,400,000 |
15,000,000 |
17,500,000 |
2,800,000 |
17,500,000 |
20,000,000 |
3,150,000 |
20,000,000 |
25,000,000 |
3,800,000 |
25,000,000 |
30,000,000 |
4,250,000 |
30,000,000 |
35,000,000 |
4,500,000 |
35,000,000 |
40,000,000 |
4,750,000 |
40,000,000 |
50,000,000 |
5,500,000 |
50,000,000 |
60,000,000 |
6,000,000 |
60,000,000 |
70,000,000 |
6,750,000 |
70,000,000 |
80,000,000 |
7,250,000 |
80,000,000 |
90,000,000 |
7,750,000 |
90,000,000 |
100,000,000 |
8,500,000 |
100,000,000 |
150,000,000 |
11,250,000 |
150,000,000 |
200,000,000 |
14,000,000 |
200,000,000 |
250,000,000 |
17,000,000 |
250,000,000 |
300,000,000 |
19,750,000 |
300,000,000 |
n/a |
22,500,000 |
A lender must not initiate legal proceedings in relation to a regulated credit agreement where the lender is aware that the customer has submitted a valid complaint or what appears to the firm may be a valid complaint relating to the agreement in question that is being considered by the Financial Ombudsman Service.[Note: paragraph 7.9 (box) of ILG]
1The grounds on which the FCA may exercise its power to cancel an authorised person's
permission under section 55J of the Act are the same as the grounds for variation and for imposition of requirements. They are set out in section 55J(1) and section 55L(2) and described in EG 8.1.1. Examples of the types of circumstances in which the FCA may cancel a firm'sPart 4A permission include: (1) non-compliance with a Financial Ombudsman Service award against the
Where a firm provides services to a consumer by way of a distance contract, the firm must provide the consumer with the following information in a durable medium in good time before the distance contract has been agreed:(1) the information which is required by MCOB 4.4A.1 R to MCOB 4.4A.8A R;22(2) whether or not the firm will be providing the consumer with advice;(3) the name and the main business of the firm, the geographical address at which it is established and any other geographical
A firm must ensure that a financial promotion or a communication with a customer (to the extent a previous communication to the same customer has not included the following information) includes:(1) a statement of the services the firm offers;(2) a statement of any relationship with a business associate which is relevant to the services offered in the promotion; [Note: paragraph 2.5a of DMG](3) a statement setting out the level of fees charged for the firm's services, how they
The contract of professional indemnity insurance must incorporate terms which make provision for:(1) cover in respect of claims for which a firm may be liable as a result of the conduct of itself, its employees and its appointed representatives (acting within the scope of their appointment);(2) the minimum limits of indemnity per year set out in this section;(3) an excess as set out in this section;(4) appropriate cover in respect of legal defence costs;(5) continuous cover in
The aspects of complaint handling dealt with in this appendix are how the firm should:(1) assess a complaint in order to establish whether the firm's conduct of the sale failed to comply with the rules, or was otherwise in breach of the duty of care or any other requirement of the general law (taking into account relevant materials published by the FCA, other relevant regulators, the Financial Ombudsman Service and former schemes). In this appendix this is referred to as a "breach
Where a firm understands, or reasonably suspects, a customer has or may have a mental capacity limitation the firm should take particular care that the customer is not provided with credit which the firm knows, or reasonably believes, to be unsuitable to the customer's needs, even where the credit would be affordable.[Note: paragraph 4.43 of MCG]
(1) Neither an incoming EEA firm nor an incoming Treaty firm is authorised by the FCA or PRA4 when acting as such.4(2) It is likely to be misleading for a firm that is not authorised by the FCA or PRA4 to state or imply that it is so authorised. It is also likely to be misleading for a firm to state or imply that a client will have recourse to the Financial Ombudsman Service or the FSCS where this is not the case.4(3) [deleted]44
8The illustration must include under the heading "Risks - important things you must consider" brief statements and warnings on all material risks involving a home reversion plan, including:(1) prominently at the beginning of the section: "A home reversion is a complex property transaction. You should seek legal advice to ensure that you fully understand all of the implications for you and your home and for anyone who might otherwise inherit the property.";(2) the effect of the
(1) Any firm permitted to 5carry5 on any of the activities within each of the RAGs set out in column (1) of the table in SUP 16.12.4 R must:(a) (i) unless (ii) or (iii) 11applies, submit to the FCA65 the duly completed data items or other items applicable to the firm as set out in the provision referred to in column (2) of that table;9797(ii) unless (iii) applies, where 11 a firm is required to submit completed data items for 11more than one RAG, that11firm must only submit the
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