1. (1)

   Subject to DISP 1.1.5 R, this15 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 in the United Kingdom.

   15
2. (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.28

3. (2)

   For the MiFID complaints of a MiFID investment firm:23

   1. (a)

      DISP 1.1A applies; and23

   2. (b)

      the other provisions of this chapter apply only as set out in DISP 1.1A.23

   3. (c)

      [deleted]23

4. (2A)

   For the MiFID complaints of a third country investment firm received from retail clients or elective professional clients:23

   1. (a)

      DISP 1.1A applies; and23

   2. (b)

      the other provisions of this chapter apply only as set out in DISP 1.1A.23

5. (3)

   9The complaints data publication rules do not apply in respect of activities carried on from a branch of an EEA firm in the United Kingdom or activities carried on by an EEA firm in the United Kingdom under the freedom to provide cross border services.11

6. (4)

   This chapter, except the complaints data publication rules, also applies to an incoming EEA AIFM for complaints from eligible complainants concerning AIFM management functions carried on for an authorised AIF or a UK ELTIF other than a body corporate that is not a collective investment scheme21 under the freedom to provide cross-border services.16

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]738

   738
2. (2)

   [deleted]14

   14
3. (3)

   an authorised professional firm in respect of expressions of dissatisfaction about its non-mainstream regulated activities; 15

   16
4. (3A)

   a firm in respect of complaints concerning activities which:28

   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; or28

   2. (b)

      are ancillary to activities described in (a);28

5. (4)

   complaints in respect of auction regulation bidding;1615

6. (5)

   a full-scope UK AIFM, small authorised UK AIFM or an incoming EEA AIFM, for complaints concerning AIFM management functions carried on for an AIF that is a body corporate unless it is a collective investment scheme21; 27

   16
7. (6)

   a depositary, for complaints concerning activities carried on for an AIF that is21:

   16
   1. (a)

      a body corporate unless it is a collective investment scheme21; or16

   2. (b)

      another type of AIF unless it is:21

      1. (i)

         an authorised AIF; or21

      2. (ii)

         an ELTIF; or21

      3. (iii)

         a charity AIF; and27

         21
      16
8. (7)

   complaints in respect of administering a benchmark.27

14 DISP 1.6.2A , DISP 1.6.2B (rules relating to EMD complaints and PSD complaints), the24complaints reporting rules, the complaints reporting directions24 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 relevant new complaint,1740 a relevant transitional complaint,28 a relevant new credit-related complaint, or a relevant new claims management complaint28.

26Where insurance distribution activities are carried on from an establishment maintained by it or its appointed representative in 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]

26Where insurance distribution or reinsurance distribution is carried on from a branch maintained by a UK firm or its appointed representative in another EEA State, the firm must:

1. (1)

   have in place and operate appropriate and effective procedures for registering and responding to complaints from a customer; and

2. (2)

   solely in relation to its insurance distribution business, adhere to one or more relevant ADR entities in that EEA State in respect of consumer disputes.

[Note: articles 7(2), 14 and 15(1) of the IDD]

8This chapter (except 24 the complaints reporting rules and the complaints data publication rules9) applies to payment service providers that are not firms24 in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by that payment service provider24 or its agent in the United Kingdom.

13 39This chapter (except 24the complaints reporting rules, and the complaints data publication rules) applies to an electronic money issuer that is not a firm24 in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by that electronic money issuer24 or its agent in the United Kingdom.

11For complaints related to collective portfolio management services of a UK UCITS management company for a UCITS scheme or 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)

   the consumer awareness rules, the complaints handling rules and the complaints record rule, as modified in (1), also apply where the services are provided from a branch in another EEA State (and any reference to respondent in the consumer awareness rules includes such a branch).

For complaints related to collective portfolio management services of an EEA UCITS management company for a UCITS scheme, DISP 1.1.3R (1) applies, except where modified as follows:

1. (1)

   where the services are provided from a branch in the United Kingdom, 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)

   this chapter, except the consumer awareness rules, complaints handling rules, complaints record rule and complaints data publication rules, also applies to an EEA UCITS management company providing services in the United Kingdom under the freedom to provide cross border services.

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 complainants19concerning activities carried on from an establishment maintained in the United Kingdom.

20This 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.

22This 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.

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,9 the complaints reporting rules and the complaints data publication rules9 will apply only if the complaint is about the outcome of the review.

12Where 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 provider20, electronic money issuer, 22designated credit reference agency20 or designated finance platform22 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.

   133981339
2. (2)

   Notwithstanding (1):11

   1. (a)

      DISP 1.1A will continue to apply to MiFID complaints23; and11

   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.11

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,9 the complaints reporting rules and the complaints data publication rules)9 applies to VJ participants for complaints from eligible complainants as part of the standard terms.

1This 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.

For the MiFID complaints of a third country investment firm, the provisions marked “EU” shall apply as rules.

1. (1)

   Only the provisions in this section marked “EU” and DISP 1.1A.39R apply to a MiFID complaint received from a retail client, professional client or an eligible counterparty that is not an eligible complainant.

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.24EU 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.25EU 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.]

The explanation given by MiFID investment firms to clients or potential clients in accordance with DISP 1.1A.30EU 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.

A branch of a UK MiFID investment firm in another EEA State must adhere to one or more relevant ADR entities in that EEA State in respect of consumer disputes concerning investment services and ancillary services.

[Note: article 75 of MiFID]

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;616

   616
2. (2)

   refer eligible complainants to the availability of this information:6165

   5616
   5
   1. (a)

      5in 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)12 (Information required prior to the conclusion of a single payment service contract) or 4812 (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

      9
   3. (b)

      otherwise, in writing at, or immediately after, the point of sale ; and12

      817
   4. (c)

      in relation to a payment service, at the branch where the service is provided; 12

3. (3)

   provide such information in writing and free of charge616 to eligible complainants:

   616
   1. (a)

      on request; and

   2. (b)

      when acknowledging a complaint; and817

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:817

   1. (a)

      on the respondent's website, where one exists; and817

   2. (b)

      if applicable, in the general conditions of the respondent's contract with the eligible complainant.817

Where the activity does not involve a sale, the obligation in DISP 1.2.1R(2)(b):11

1. (1)

   shall apply at, or immediately after, the point when contact is first made with an eligible complainant; and11

2. (2)

   where the respondent is a not-for-profit debt advice body:11

   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; and11

   2. (b)

      must be met in writing on the first occasion on which the respondent communicates with the eligible complainant in writing.11

12To the extent that it applies to an EMD complaint or a PSD complaint, the information specified in DISP 1.2.1R must be available in an official language of each such EEA State where the respondent offers payment services or issues electronic money, or in another language if agreed between the respondent and the payment service user or electronic money holder.

[Note: article 101 of the Payment Services Directive]

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

1. (1)

   a respondent; and

2. (2)

   a branch of a UKfirm in another EEA State.

4 16These procedures must ensure that a complaint may be made free of charge.

8 17Where 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.

8 17For 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.

8 17The 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.

8 17The 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.

5A 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:

1. (1)

   there are no restrictions on Unitholders exercising their rights in the event that the UCITS is authorised in an EEA State other than the United Kingdom; and

2. (2)

   Unitholders are allowed to file complaints in any of the official languages of the Home State of the UCITS scheme or EEA UCITS scheme or of any EEA State to which a notification has been transmitted by the competent authority of the scheme'sHome State in accordance with article 93 of the UCITS Directive.

A10respondent 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)

   4A 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 function6 at the firm or in the same group as the firm.

3. (3)

   11If 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)

   11A person approved to perform the limited scope function14 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;59

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 811business day following the day on which it is received811:

1. (1)

   the complaints time limit rules; and98

   811
2. (2)

   the complaints forwarding rules.811

3. (3)

   [deleted]811

   6
4. (4)

   [deleted]811

   76
5. (5)

   [deleted]811

   6

8 11A 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.

8 11Where the respondent considers a complaint to be resolved under this section, the respondent must promptly9 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 early reassurance that it has received the 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 complaint's resolution.

Subject to DISP 1.6.2AR, the5respondent 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:39

   39
   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;

      410
   2. (da)

      provides the website address of the Financial Ombudsman Service;410

   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; and410

      410
   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; or410

   [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;

      410
   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;410

   4. (c)

      encloses a copy of the Financial Ombudsman Service standard explanatory leaflet; and410

      410
   5. (d)

      provides the website address of the Financial Ombudsman Service.410

5Where 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]

5Where 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.

5As 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; 28

   410
2. (2)

   referred to the ultimate availability of the Financial Ombudsman Service if he remains dissatisfied with the respondent's response;28

3. (3)

   enclosed a copy of the Financial Ombudsman Service standard explanatory leaflet;410

4. (4)

   provided the website address of the Financial Ombudsman Service; and410

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.410

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 2.814)14 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 1.6.2AR3.

A firm, including, in the case of 45collective portfolio management services for a UCITS scheme or an EEA UCITS scheme, a branch of a UK firm in another EEA State, a payment service provider or an e-money issuer,5 must keep a record of each complaint received and the measures taken for its resolution, and retain that record for:3

1. (1)

   at least five years where the complaint relates to4collective portfolio management services for a UCITS scheme or an EEA UCITS scheme; and3

   2
2. (2)

   three years for all other complaints;3

from the date the complaint was received.3

1. (1)

   Unless (2) applies, twice a year a firm must provide the FCA with a complete report concerning complaints received from eligible complainants.10

   618
2. (2)

   If a firm:13

   1. (a)

      has permission to carry on only credit-related regulated activities or operating an electronic system in relation to lending and has revenue arising from those activities that is less than or equal to £5,000,000 a year; or13

   2. (b)

      has permission to carry on only regulated claims management activities;13

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

   88861810
3. (3)

   The report required by (1) and (2) must be set out in the format in:13

   1. (a)

      DISP 1 Annex 1R, in respect of complaints which do not relate to regulated claims management activity or any activity ancillary to regulated claims management activity; and13

   2. (b)

      DISP 1 Annex 1ABR, in respect of complaints relating to regulated claims management activity or any activity ancillary to regulated claims management activity.13

   61810
4. (4)

   Paragraphs (1) and (2) 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.10

   618

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.10

Firms that are part of a group may submit a joint report to the FCA. The joint report must contain the information required from all firms concerned and clearly indicate the firms on whose behalf the report is submitted. The requirement to provide a report, and the responsibility for the report, remains with each firm in the group.10

1. (1)

   Where a firm receives less than 500 complaints in a reporting period, Part A-1 of DISP 1 Annex 1 requires, for the relevant reporting period and in respect of particular categories of products:10

   1. (a)

      in Table 1, information about the total number of complaints received by the firm and the cause of the complaint;10

   2. (b)

      in Table 2, information about the number of complaints that were:10

      1. (i)

         closed or upheld within different periods of time; and10

      2. (ii)

         the total amount of redress paid by the firm in relation to complaints upheld and not upheld in the relevant reporting period; and10

   3. (c)

      in Table 3, information providing context about the complaints received.10

2. (2)

   Where a firm receives 500 or more complaints in a reporting period, Part A-2 of DISP 1 Annex 1 requires, for the relevant reporting period and in respect of particular categories of products:10

   1. (a)

      in Table 4, information about the total number of complaints received by the firm and the cause of the complaint;10

   2. (b)

      in Table 5, information about the number of complaints that were:10

      1. (i)

         closed or upheld within different periods of time; and10

      2. (ii)

         the amount of redress paid by the firm in relation to complaints upheld and not upheld in the relevant reporting period; and10

   3. (c)

      in Table 6, information providing context about the complaints received.10

Part B of DISP 1 Annex 1R requires (for the relevant reporting period) information about:10

1. (1)

   the total number of complaints received by the firm;10

2. (2)

   the total number of complaints closed by the firm;10

3. (3)

   the total number of complaints:10

   1. (a)

      upheld by the firm in the reporting period; and10

   2. (b)

      outstanding at the beginning of the reporting period; and10

4. (4)

   the total amount of redress paid in respect of complaints during the reporting period.10

1. (1)

   Twice a year a firm must provide the FCA with a complete report concerning complaints received from eligible complainants about matters relating to activities carried out by its employees when acting as retail investment advisers. The report must be set out in the format in DISP 1 Annex 1C R.10

   4777
2. (2)

   DISP 1 Annex 1C R requires (for the relevant reporting period) information about:10

   1. (a)

      the total number of complaints received by the firm about matters relating to activities carried out by its employees when acting as retail investment advisers;10

      777
   2. (b)

      the total number of complaints closed by the firm about matters relating to activities carried out by its employees when acting as retail investment advisers;10

      777
   3. (c)

      the total number of complaints upheld by the firm about matters relating to activities carried out by its employees when acting as retail investment advisers; and10

      777
   4. (d)

      the total amount of redress paid in respect of complaints upheld during the reporting period about matters relating to activities carried out by its employees when acting as retail investment advisers.10

      777
3. (3)

   For the purposes of DISP 1 Annex 1C Rretail investment adviser information must be reported by: 11

   10
   1. (a)

      11the employee’s Individual Reference Number (IRN); or

   2. (b)

      11in the case of an employee of an SMCR firm12 who is performing an FCA certification function12 and has no IRN:

      1. (i)

         the employee’s National Insurance (NI) number and date of birth; or

      2. (ii)

         if the employee has no NI number, the employee’s date of birth, current passport number and nationality.

13 DISP 1 Annex 1ABR requires (for the relevant reporting period) information about:

1. (1)

   in Table 1, the total number of complaints received by the firm and the main focus of the complaint;

2. (2)

   in Table 2:

   1. (a)

      the number of complaints that were closed or upheld within different time periods;

   2. (b)

      the total amount of redress paid by the firm in relation to complaints upheld and not upheld in the relevant reporting period; and

   3. (c)

      redress 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.

Unless DISP 1.10.4AR applies, the relevant reporting periods are:10

1. (1)

   the six months immediately following a firm'saccounting reference date; and 10

2. (2)

   the six months immediately preceding a firm'saccounting reference date. 10

If a firm is one to which DISP 1.10.1R(2) applies,13 the relevant reporting period is the year immediately following the firm'saccounting reference date.10

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.10

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.10

1. (1)

   5If 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 £250.10

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.10

A closed complaint is a complaint where:10

1. (1)

   the firm has sent a final response; or10

2. (2)

   the complainant has indicated in writing acceptance of the firm's earlier response under DISP 1.6.4 R.10317

   317

For the purpose of inclusion in the public record maintained by the FCA, a firm must:10

1. (1)

   provide the FCA, at the time of its authorisation, with details of a single contact point within the firm for complainants; and10

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.10

1. (1) 1

   Unless (1A) applies to the firm, where,27 in accordance with DISP 1.10.1 R, a firm 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).

   27
2. (1A)
   1. (a)

      This paragraph applies to a firm which:

      1. (i)

         has permission to carry on only credit-related regulated activities or to operate an electronic system in relation to lending3; and

      2. (ii)

         has revenue arising from those activities3 that is less than or equal to £5,000,000 a year.

         3
   2. (aa)

      This paragraph also applies to a firm which has permission to carry on only regulated claims management activities.5

   3. (b)

      Where a firm to which this paragraph applies submits a report to the FCA in accordance with DISP 1.10.1 R reporting 1000 or more complaints, it must publish a summary of the complaints data contained in that report (the complaints data summary).27

3. (2)

   Where, in accordance with DISP 1.10.1C R, a firm submits a joint report on behalf of itself and other firms within a group and that report reports 500 or more complaints, it must publish a summary of the complaints data contained in the joint report (the complaints data summary), unless it is a firm to which (1A) applies.27

4. (3)

   Where, in accordance with DISP 1.10.1C R, a firm to which (1A) applies submits a joint report on behalf of itself and other firms within a group and that report reports 1000 or more complaints, it must publish a summary of the complaints data contained in the joint report (the complaints data summary).27

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.27

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)

   Where the firm's relevant reporting period (as defined in DISP 1.10.4 R or DISP 1.10.4A R as the case may be27) ends between 1 January and 30 June, the firm must publish the complaints data summary no later than 31 August of the same year.

2. (2)

   Where the firm's relevant reporting period (as defined in DISP 1.10.4 R or DISP 1.10.4A R as the case may be27) ends between 1 July and 31 December, the firm must publish the complaints data summary no later than 28 February of the following year.

3. (3)

   Where the firm is a firm with only a limited permission and its accounting reference date falls between 1 January and 30 June, the firm must publish the total number of complaints received no later than 31 August of the same year.27

4. (4)

   Where the firm is a firm with only a limited permission and its accounting reference date falls between 1 July and 31 December, the firm must publish the total number of complaints received no later than 28 February of the following year.27

A firm must immediately confirm to the FCA , in an email submitted to complaintsdatasummary@fca.org.uk , that the complaints data summary or total number of complaints (as appropriate)27 accurately reflects the report submitted to the FCA , that the summary or total number of complaints (as appropriate)27 has been published and where it has been published.

Any firm covered by a joint report, other than the firm that submitted the joint report, must provide details of where the complaints data summary or total number of complaints (as appropriate)27 is published to any person who requests them.

1. (1)

   If a respondent does not submit a complete report by the date on which it is due, in accordance with DISP 1.10B.10D, the respondent must pay an administrative fee of £250.

2. (2)

   The administrative fee in (1) does not apply if the respondent has notified the FCA of a systems failure in accordance with DISP 1.10B.11R.

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.

2 3The 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.

1Where, 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).

1The 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.

1The 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.

1The Society must immediately confirm to the FCA, in an email submitted to complaintsdatasummary@fca.org.uk, 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.

A members' adviser must establish and maintain effective arrangements for handling any complaint from a member of the Society regarding advice given to the member in connection with the acquiring or disposing of syndicate participation.

The Society must establish and maintain appropriate and effective arrangements for handling any complaint from a member or a former member about:

1. (1)

   regulated activities carried on by the Society;

2. (2)

   the Society'sregulatory functions carried on by the Society, the Council or those to whom the Council delegates authority to carry out such functions;

3. (3)

   advice given by an underwriting agent to a person to become, continue or cease to be, a member of a particular syndicate; and

4. (4)

   the management by a managing agent of the underwriting capacity of a syndicate on which the complainant participates or has participated.

The Society must maintain by byelaw one or more appropriate effective schemes for the resolution of disputes between an individual member or a former member who was an individual member and:

1. (1)

   his underwriting agent; or

2. (2)

   the Society.

For the purposes of DISP 1.11.13 R "individual member" includes a member which is a limited liability partnership or a body corporate whose members consist only of, or of the nominees for, a single natural person or a group of connected persons.

A contravention of DISP 1.11.13 R or DISP 1.11.14 R does not give rise to a right of action by a private person under section 138D of the Act (Actions for damages) and each of those rules is specified under section 138D(3) of the Act as a provision giving rise to no such right of action.

Complaints return form

This annex consists only of one or more forms. Forms are to be found through the following address:

Complaints return form -341421567815910DISP 1 Annex 1 R12

This table belongs to DISP 1.10A.2 R - DISP 1 Annex 1B R6

This annex belongs to DISP 1.10.2A R -DISP 1 Annex 1C R