The FSA does not have the power under the Unfair Terms Regulations to grant redress to consumers who have suffered loss as a result of an unfair term. Consumers may choose to complain to the firm and to seek redress from it. If the firm does not satisfy the consumer's complaint, the consumer may choose to refer the complaint to the Financial Ombudsman Service, if appropriate.
If the use of an unfair term also amounts to a rule breach (see ENF 20.4.5 G (2)) and that breach causes loss to consumers, the FSA can apply to court for restitution or require restitution. The FSA will consider whether to use these powers in accordance with the policy in ENF 9 (Restitution and redress).